Summers v Fairclough Homes Ltd
| Jurisdiction | England & Wales |
| Judge | LORD CLARKE |
| Judgment Date | 27 June 2012 |
| Neutral Citation | [2012] UKSC 26 |
| Date | 27 June 2012 |
| Court | Supreme Court |
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160 cases
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Liverpool Victoria Insurance Company Ltd v Dr Asef Zafar
...else but such severe condemnation is likely to suffice.” 48 Those words have been cited and adopted in many subsequent cases. In Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004, a case in which a claimant injured in an accident at work had grossly exaggerated his claim, t......
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Filatona Trading Ltd v Navigator Equities Ltd
...for example, Versloot Dredging BV v. HDI Gerling Industrie Versicherung AG and others [2013] EWHC 581 (Comm) at [22]. 113 In Summers v. Fairclough Homes Ltd [2012] 1 WLR 2004 at [35], there is a passage from the judgment of Lord Clarke (giving the judgment of the Supreme Court) which was ......
- Owners of the Motor Vessel 'Gravity Highway' v Owners of the Motor Vessel Maritime Maisie
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R Accident Exchange Ltd v Nathan John George Broom and Others
...to deter those who may be tempted to make such claims, and there is no other way to improve the administration of justice." In Fairclough Homes Ltd v Summers [2012] UKSC 26, the Supreme Court approved the statements made by Moses LJ at paragraphs 2 to 7 of his judgment, with which Dobbs J a......
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6 firm's commentaries
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Fraudulent devices rule effectively abolished in UK shipping case
...(NZ) Ltd [2006] Lloyd's Rep IR 852; Beacon Insurance Co Ltd v Maharaj Bookstore Ltd [2014] 4All ER 418; Summers v Fairclough Homes Ltd [2012] 1WLR 2004. The effect of the majority's decision is that the fraudulent devices rule recognised in these cases has now been Relevance of collateral l......
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Part 36 Offers: Should I Make A Part 36 Or A Different Type Of Settlement Offer? Practical Tips From 4 New Square
...that the claimant's claim is exaggerated but substantial costs will have been incurred in bringing it. In Summers v Fairclough Homes [2012] 1 WLR 2004 the Claimant succeeded on liability in a personal injury claim arising out of an accident at work. She claimed damages of over £800,000 but ......
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Supreme Court Rules On Striking Out Fraudulent Claims
...quantum sought by claimants is grossly inflated now reduces following this decision. Further reading: Fairclough Homes Limited v Summers [2012] UKSC 26 This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to Law-Now ......
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Secrets And Lies: Dishonest Exaggeration In Clinical Negligence Claims
...April 2015, or to those (very rare) cases where its application would result in substantial injustice. Summers v Fairclough Homes Ltd [2012] 1 WLR 2004 The leading common law case where s.57 does not apply is Summers v Fairclough Homes Ltd [2012] 1 WLR 2004, in which the Supreme Court held ......
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3 books & journal articles
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Litigation
...1 WLR 1926 at 1932, per Lord Woolf MR. See also Circuit Systems Ltd v Zuken-Redac (UK) Ltd [2001] BLR 253; Fairclough Homes Ltd v Summers [2012] UKSC 26 at [42] and [49]. 709 See, eg, Claremount Construction Ltd v GCT Construction Ltd [1983] CILL 20 (CA); Laing Water & Environment Services ......
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Insurance Fraud and the Role of the Civil Law
...para 21.16, athttp://www.lawcom.gov.uk/wp-content/uploads/2015/03/lc353_insurance-contract-law.pdf(last accessed 10 November 2016).22 [2012] UKSC 26, discussed below: see text to notes 54-64 below.23 ibid at [52]. It is noteworthy that the decision of the Supreme Court aligns the law with t......
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Lecture
...Ltd v AXA Insurance UK plc[2011] EWHC 210 (Comm). 71Bate v Aviva Insurance UK Ltd[2014] EWCA Civ 334 72Summers v Fairclough Homes Ltd[2012] 1 WLR 2004; [2012] UKSC 26. 73 Versloot Dredging BV v HDI Gerling Industrie Versicherung AG [2016] 3 WLR 543; [2016] UKSC 45 at [26]. 74 The Star Sea [......