Simon McCann secures a discontinuance and an admission of “FD" in a £1M fraud case

Simon represented Allianz in a claim brought against them by Mr Burman as a result of a no-fault road traffic accident. Mr Burman's damages claim was for in excess of £1/2 million, and with his costs included, the figure was close to £1M.

The claim involved many of the “usual” issues in cases of fraud and fundamental dishonesty - particularly surveillance and social media. When confronted with the evidence that had been obtained, Mr Burman (eventually) indicated that he would like to discontinue his claim.

However, since Mr Burman had received an interim payment this could not be done without insurer’s consent, which they were unwilling to give without some recognition of dishonesty on his part.

In what is believed to be a first in this sort of litigation, Simon’s idea was to suggest that Mr Burman admitted his dishonesty in open correspondence, and then insurers would allow him to end his claim. Mr Burman agreed, and insurers were able to avoid the cost of a 4-day trial whilst also securing the open confession of fundamental dishonesty.

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