Welcome to the thirty-eighth edition of Clyde & Co's
(Re)insurance and litigation caselaw weekly updates for 2012.
These updates are aimed at keeping you up to speed and informed
of the latest developments in caselaw relevant to your
practice.
Hussain v Hussain & Anor
Court of Appeal overturns trial judge's finding of
insurance fraud
http://www.bailii.org/ew/cases/EWCA/Civ/2012/1367.html
At first instance, the judge held that this claim arose out of a
road traffic accident which had been "staged" in order to
submit a fraudulent insurance claim. The claimant appealed against
that decision. The Court of Appeal has now unanimously allowed that
appeal. Although it accepted that this case was of a kind
"which depended entirely on the judge's assessment and
evaluation of the evidence", it was satisfied that in this
case the judge's conclusion had been wrong (there was no need
to show that the judge had been "plainly" or
"clearly" wrong). The judge had based his
