About us 39 Essex Chambers is a leading set of Chambers with 134 barristers, including 47 Silks, who have developed and sustained a reputation for expert advocacy and advice in personal injury.

Within Chambers expertise, members cover the full range of insurance disputes including casualty and motor claims, construction, energy, environmental, professional indemnity, regulatory and reinsurance.

The clerks and members at 39 Essex Chambers are accomplished in developing strong relationships with many professional clients. This is critical in helping to forge a clear understanding of the client’s needs which ultimately enables the barristers, acting both individually or as a team, to provide an efficient, seamless and unrivalled service.

Fraud Expertise Members of 39 Essex Chambers are at the forefront of insurance fraud law and have been instructed in many of the leading cases in this area. This includes the landmark case of Summers v Fairclough [2012] UKSC 26 which secured a significant change in the law on dealing with fraudulent claims when the Supreme Court Justices acknowledged that a fraudulent claim

INSURANCE FRAUD GROUP

could be struck out in its entirety as an abuse of process. Many see the judgment as the forerunner of section 57 of the Criminal Justice and Courts Act 2015 which creates the presumption that the personal injury claim of a claimant who has been fundamentally dishonest will be struck out. Members have also acted in many of the leading fraud cases which have followed Summers including Fari, Admans and Sikand.

Members of the fraud group are highly skilled in advising on, and preparing, fraud cases and recognise the need for instructions to be dealt with expeditiously to achieve the best results.

Members regularly deal with the whole range of personal injury fraud cases from high value exaggeration fraud through to fabricated accident claims involving fraud rings. They are frequently introduced to a case at an early stage to evaluate the evidence on fraud and steer the claim to a successful conclusion. Members take a robust approach with regard to such cases and are alive to the need to consider further action, such as committal or the involvement of IFED to ensure that proven cases of fraud have the maximum deterrent effect possible to would-be fraudsters. Chambers also has a specialist costs team, the members of which are often brought in to ensure that the maximum costs recovery can be sought against fraudsters and those who support their claims.

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SUSAN RODWAY QC(Call 1981, Silk 2002)

Susan’s experience includes many cases that have been completely fraudulent or grossly exaggerated where the claimant has made use of fabricated videos and

made miraculous “recoveries”. She has also been involved in trials where witnesses have collapsed in the box and the entire claim has been thrown out. Susan takes a strong view to fraudulent claims and knows the best tactical approaches to fight such cases.

NEIL BLOCK QC(Call 1980, Silk 2002)

Neil has acted in many claims in which insurers have considered repudiation on the grounds of fraud.These cases incorporate a combination of insurance

issues and the underlining substantial factual and legal issues. Many of his cases involve alleged personal injury, including exaggerated losses, and quasi-fraud cases of self harm/self infection so as to prevent recovery.

WILLIAM NORRIS QC(Call 1974, Silk 1997)

William has extensive experience of advising in and litigating fraudulent or exaggerated cases on behalf of the insurance sector both in personal

injury litigation and other civil claims. He represented Zurich Insurance as leading Counsel in the landmark case of Summers v Fairclough Homes, the judgment of which is seen by many as the forerunner to section 57.

JAMES TODD QC(Call 1990, Silk 2019)

James practises in the fields of personal injury and clinical negligence. He has particular interest and expertise in fraudulently exaggerated claims, having

appeared for the defendant insurer in the leading case of Summers v Fairclough in the Supreme Court in 2011. Since then, he has been involved in several cases in which the interlocutory strike-out power identified in Summers has been used, including Admans v Two Saints in 2016. In addition, he has cases pending in which the court is being invited to exercise the statutory power to strike out a claim under s57 of the Criminal Justice and Courts Act 2015. He has unrivalled strategic and tactical expertise in the conduct of the defence of such claims and is ranked in Chambers and Partners and The Legal 500.

DEREK O’SULLIVAN QC (Call 1990, Silk 2016)

Derek has a particular interest in fraud in personal injury cases. Derek has a robust view in relation to dishonesty amongst claimants and he is always

keen to fight fraud cases to trial; his views are plain: if the evidence is sufficient to establish fraud then defendants should take a very firm stance.

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CHRISTIAN DU CANN(Call 1982)

Christian has conducted many cases on behalf of liability insurers in which allegations of fraud have been advanced if not proved at trial. He has uncovered

fraud which has resulted in persuading three judges to make references to the DPP and the MoJ where there has been disclosed fraudulent witness evidence. In many other cases claims have been discontinued, if not, have resulted in the claimant receiving reduced compensation as well as punitive costs orders payable from damages which in several instances has deprived a fraudulent claimant from receiving any compensation at all.

EMILY FORMBY (Call 1993)

Emily advocates a strong tactical approach to fraudulent claims, considering all aspects of the case and the implications that arise.

Unafraid to grasp the nettle, issues regularly dealt with range from exaggeration to fabrication of accidents, staged accidents and phantom heads of loss. Cases include; fabricated description of mechanism of accident within a factory; grossly exaggerated description of injuries with heightened functional capacity captured on surveillance; exaggerated loss of earnings claim: full loss sought despite return to work.

JUDITH AYLING(Call 1998)

Judith practices in the fields of personal injury, clinical negligence and costs. She has considerable experience of cases involving suspected

fraud and exaggeration, including cases where surveillance evidence is deployed. She is used to arguments about QOCS (where her costs practice is of considerable value). section 57 and CPR 36. She has been successful in achieving heavily discounted settlements on costs terms favourable to defendants and also in seeing claims discontinued completely.

NICOLA GREANEY(Call 1999)

As part of her defendant personal injury practice, Nicola acts for defendants in fraudulent claims including: Fraudulent exaggeration claims Costs arguments

arising from fraudulent claims. Her experience includes a high value claim for the MoD where a successful application was made to rely on surveillance shortly before trial and the claim was settled at a much lower sum.

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SADIE CRAPPER(Call 2004)

Sadie is a personal injury and clinical negligence barrister with experience across the range of such claims. She has a special interest in defendant fraud work

having secured the first strike out under Summers v Fairclough in Fari v Homes for Haringey and remains a leading light of the Defendant fraud market. Recent notable cases include Sikand v CS Lounge Suite et anors when the claim of a would-be lawyer was struck out after social media evidence demonstrated the claimant’s lies. Sadie is ranked in Band 1 for Motor Insurance Fraud by Chambers and Partners.

ROBERT LAZARUS(Call 2004)

Robert is regularly instructed in fast and multi-track personal injury trials and frequently advises in such cases on both liability and quantum.

Some of Robert’s cases involve accidents that have occurred in foreign jurisdictions and have required consideration of both foreign law and choice of forum. With such extensive coverage of this field Robert often comes across cases of fraud and exaggerated claims and is regularly instructed in this respect by a number of major insurers.

QUINTIN FRASER (Call 2006)

Quintin has been involved in cases for both sides involving all aspects of fraud, including: exaggeration; fabrication of accidents; phantom

passengers; fraud rings and staged accidents. His approach to the defence of allegedly fraudulent claims is clear – if there is the evidence to do so, then fraud should be pleaded and the claim should be run to trial. Quintin also frequently advises on applications to strike-out claims, and on the merits of contempt of Court proceedings.

EDMUND TOWNSEND (Call 2006)

Edmund regularly deals with both personal injury and insurance claims where fraud is suspected. In the context of personal injury claims Edmund has been

involved in cases relating to; exaggerated claims, fake and staged accidents, phantom passengers, fundamental dishonesty hearings and costs arguments arising from fraudulent claims. In terms of insurances claims, Edmund has been involved in cases relating to; claims which are materially fraudulent; the use of fraudulent devices and exaggerated claims.

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VAUGHAN JACOBS(Call 2009)

Vaughan specialises in personal injury and clinical negligence and has a particular interest in cases involving allegations of fraud. Vaughan recently

secured a finding of fundamental dishonesty for a Defendant insurer against 17 separate coach passengers bringing linked fraudulent personal injury claims following a 6-day trial in the case of Matthew Boon and others v (1) Pritchard (2) Mordescai. His expertise includes staged accidents; phantom passengers; fraud rings; collusion; contempt proceedings and references to the DPP; s.57 of the Criminal Justice and Courts Act 2015; disclosure and surveillance; indemnity issues, and costs arguments arising from fraudulent claims

ANGELA RAINEY(Call 2010)

Angela has a thriving defendant fraud practice, having successfully defended many claims, either at trial, through negotiation, or by

securing discontinuance following service of a robust Defence. She is known for her direct, approachable manner with professional clients, detailed case preparation, and effective advocacy with rigorous cross-examination. Her experience is across the range of such claims including: issues with indemnity, employers liability, public liability or product liability claims involving fraud, or suspicious factors. Angela has particular interest and experience in more complex RTA fraud cases requiring expert evidence, and has worked with major vehicle manufacturers on sensitive cases requiring detailed analysis and accident reconstruction. She enjoys the particular challenge of assimilating and distilling engineering evidence in such cases. She is often instructed at the earliest stage of a suspicious claim to advise in conference in relation to witness credibility and case strategy. Such cases inevitably involve costs arguments, including the appropriate use of the offer regimes and indemnity costs, and the disapplication of the QOCS regime.

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EMMA CORKILL(Call 2010)

Emma accepts instructions in all areas of personal injury related fraud. Emma is frequently brought in to assess evidence and witnesses at an early stage

and to advise on how best to proceed. Emma is firm in her view that Defendants should not shy away from pleading fraud where the evidence is sufficient to do so. Her experience includes cases involving: exaggeration of injuries; phantom passengers; staged accidents; fabrication of accidents; low velocity impacts; surveillance and motor indemnity issues arising from such claims. Emma is also experienced in dealing with allegations of fundamental dishonesty, s.57 CJCA 2015 and QOCS implications.

NICOLA KOHN(Call 2012)

Nicola has a fast-growing common law practice encompassing personal injury, clinical negligence, insurance and professional negligence. She acts for

both claimants and defendants in fast track and multi-track cases in the High Court and County Courts. Nicola drafts pleadings and advises on liability and quantum. She is particularly interested in fraud work and also has experience of the use of surveillance in proceedings.

ROSIE SCOTT(Call 2013)

In a recent fast track trial, Rosie secured a finding of “fundamental dishonesty” under CPR r.44.16(1) against a Claimant bringing a low velocity rear-end shunt

whiplash claim. The judge dismissed the case after hearing Rosie’s cross-examination of the Claimant, who gave “shockingly poor evidence”. The judge accepted that “this claim was fundamentally dishonest. This goes way beyond what one normally sees. What [the Claimant] said did not bear any scrutiny at all.”

MICHAEL STANDING(Call 2013)

Michael undertakes Defendant work in all areas of personal injury and insurance related fraud. He regularly provides advice at an early stage as

to the merits and tactics in cases where fraud is suspected. He has acted in cases involving, exaggerated injuries, staged accidents, phantom passengers, fabrication and collusion. He has significant expertise in the costs arguments involved in such cases, and disapplication of QOCs. Early in his career, Michael gained significant experience prosecuting and defending criminal matters in the Crown Court. Accordingly he is well accustomed to allegations of the most serious dishonesty, and skilled at cross-examination to expose inconstancy, exaggeration and untruthfulness.

LONDON81 Chancery Lane, London WC2A 1DDTel: +44 (0)20 7832 1111Fax: +44 (0)20 7353 3978

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clerks@39essex.com • DX: London/Chancery Lane 298 • 39essex.com

Chief Executive and Director of Clerking: Lindsay ScottSenior Clerks: Alastair Davidson and Michael Kaplan

39 Essex Chambers is an equal opportunities employer.

39 Essex Chambers LLP is a governance and holding entity and a limited liability partnership registered in England and Wales (registered number 0C360005) with its registered office at 39 Essex Street, London WC2R 3AT.

39 Essex Chambers’ members provide legal and advocacy services as independent, self-employed barristers and no entity connected with 39 Essex Chambers provides any legal services. 39 Essex Chambers (Services) Limited manages the administrative, operational and support functions of Chambers and is a company incorporated in England and Wales (company number 7385894) with its registered office at 39 Essex Street, London WC2R 3AT.

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TOM GIBBONSSenior Practice ManagerTel: +44 (0)20 7634 9080Email: tom.gibbons@39essex.com

ALASTAIR DAVIDSONSenior ClerkTel: +44 (0)20 7832 1181Email: alastair.davidson@39essex.com

BEN SUNDBORGSenior Practice ManagerTel: +44 (0)20 7832 1179Email: ben.sundborg@39essex.com

LINDSAY SCOTTChief Executive & Director of ClerkingTel: +44 (0)20 7832 1115Email: lindsay.scott@39essex.com

GETHIN THOMAS(Call 2017)

Gethin appears frequently in court, and regularly undertakes pleading and advisory work. He has a particular interest in fraud work. During pupillage,

he gained experience of a range of fraudulent cases, involving allegations such as conscious exaggeration and fundamental dishonesty. He also has experience of the use of surveillance evidence.