Download Liability Brief - Kennedys

Looking ahead
So what could the Supreme Court’s decision in Summers mean for insurers and
insureds?
Appeal successful
1. Full repudiation of claims where a
claimant has been dishonest.
2. A shift in the claimant risk
assessment around litigation can be
expected.
3. Where exaggeration is easily
evidenced, more complicated fraud
arguments can be left out of
proceedings.
4. Exaggeration for “negotiation
purposes” will be driven out of claimant
behaviours.
Appeal unsuccessful
1. Exaggeration remains a tool with
which to attack claimant credibility.
2. All current available sanctions will
remain available to defendants,
including costs and committal
proceedings.
3. Defendants will continue to think
commercially in respect of fraudulent
exaggeration.
4. Subjective losses (i.e. soft tissue
injuries) remain open to attack in full as
are predicated on a claimant’s
credibility.
5. Reduction in costs. 5. Objectively evidenced losses should
be assessed proactively and settled
quickly.
The appeal will take place in the Supreme Court on 18 and 19 April 2012.
For further information please contact Martin Stockdale on +44 161 829 7456 or
email m.stockdale@kennedys-law.com or contact Helen Edwards on +44 1618 297
463 or email helen.edwards@kennedys-law.com.
Kennedys is a trading name of Kennedys Law LLP. Kennedys Law LLP is a limited liability partnership
registered in England and Wales (with registered number OC353214).
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