Others Tort / Personal Injury

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

By Kate Donachie
Law Brief Publishing May 2025

Specifications

ISBN-13
9781916698802
Publisher
Law Brief Publishing
Publication
May 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of 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
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