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Success in similar fact Defences

Date:

21st February 2012

Team:

Civil.

Richard Paige and Keoghs acted on behalf of Axa Insurance and Direct Line Insurance in successfully defending claims brought by 4 Claimants in 2 sets of proceedings.

Initially claims were brought or intimated as a result of numerous accidents in and around the Derby area in 2008. All the intimated claimants utilised the services of an accident management company, AMI. At an earlier trial a director of the AMI had been held to have conspired to bring a fraudulent claim.

Similar fact evidence was served on all intimated and issued claimants with many discontinuing or abandoning their claims. At trial only 4 Claimants remained.

Over the course of a 4 day trial at Chesterfield County Court the Claimants were subjected to a detailed and through cross-examination, both in relation to their links to AMI and the alleged accidents themselves. All 4 claims were dismissed with costs, the trial judge being satisfied that the alleged accidents had not occurred.