Personal injury practice update: Gerald Swaby comments on the dichotomy raised by the decision in Hayward v Zurich Insurance Company plc [2015] EWCA Civ 327. Personal injury practice update

When considering personal injury
claims from a defendant’s point
of view, there is perhaps nothing
more galling than dealing with a
claimant who is suspected of committing fraud
but cannot be proved, resulting in the defendant
entering a settlement. From the claimant’s point
of view, there is nothing worse than entering a
full and final settlement, only later to be accused
of fraud and have the defendant start litigation
again to rescind the settlement based on
fraud, which offends the idea of the sanctity
of settlement.
The question that has to be asked is: What
is the position if hard evidence of fraud is
discovered post settlement? The answer can
be found in decision of the Court of Appeal in
Hayward v Zurich Insurance Company plc, which
for some defendants may prove unpalatable.