A Practical Guide to Fraudulent and Exaggerated Personal Injury Claims in Scotland

The management of fraud in personal injury actions is a perennial problem for Scottish practitioners; with no dedicated procedure or legislative framework, it can be difficult to identify the best strategy.

Although the Scottish system offers various means by which allegations of fraud can be presented, and resisted, a lack of clarity and confusion are common, and often the tools and levers available are either not used effectively or are missed altogether. The introduction of QOCS to Scotland has brought a new focus on the concept of fraud in the personal injury context, and underlines the need for a better practical understanding of the Scottish system.

This book seeks to undo some of the misconceptions while providing a comprehensive practical guide. It should provide Scottish solicitors with the knowledge and confidence to approach fraud successfully and efficiently.

ABOUT THE AUTHOR

Kate Donachie is a Scottish solicitor with more than 20 years' experience representing a variety of clients in personal injury and other civil actions. She is past Chair of the Forum of Insurance Lawyers in Scotland, and of the Forum's large loss sector focus team. She was involved in scrutiny of the Civil Litigation (Expenses and Group Proceedings) Act when it was passing through the Scottish Parliament and gave evidence to the Scottish Parliament's Justice Committee in relation to the Damages (Investment Returns and Periodical Payments) (Scotland) Act.

She has been recognised her for her intuitive and thorough approach to claims and her common sense way of solving problems. She has presented to the Law Society of Scotland Personal Injury Conference on a number of occasions and regularly presents at client and public events. She is regularly published in the insurance trade, and the general press in relation to issues pertinent to civil litigation in Scotland.

CONTENTS

Introduction

Chapter One - The Scottish Definition of Fraud

Chapter Two - Civil Fraud in Scotland - the Power to Dismiss an Action

Chapter Three - Challenges to the Credibility and Reliability of Witnesses

Chapter Four - An Entirely Fraudulent Case

Chapter Five - Expenses and QOCS

Conclusion