This article was originally written for The Journal of the Law Society of Scotland, September 2016
While there have always been fraudulent claims in Scotland, they are becoming more prolific. In a jurisdiction with a relatively advantageous expenses regime and a current tolerance for referral fees, Scotland is now fertile ground for those looking to pursue fraudulent claims.
With insurers taking a firmer stance on fraud in Scotland, it is only a matter of time before these issues are considered more frequently in the Scottish courts. In Scotland we do not have the benefit of legislative provisions such as “fundamental dishonesty” (a concept that appears in s 57 of the Criminal Justice and Courts Act 2015 and in the Civil Procedure Rules in England & Wales), nor a vast catalogue of judicial commentary. We therefore look to the approach being taken to such matters by the bench in England & Wales for some assistance. With this in mind, it is important that we consider the potential impact of the two most recent Supreme Court decisions in this area.
This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.