Fraudulent insurance claims as context: moral support for contempt of court decisions
Fraudulent insurance claims as context: moral support for contempt of court decisions
This article considers case law concerning decisions of contempt of court in the context of insurance claims litigation. From slow beginnings in the first reported case from 2006, a clear strategy of use of contempt as an additional remedy against insurance fraud has developed over time, with increasing harshness in judicial treatment. The article considers judicial dicta reinforcing the contempt of court narrative with the social interest of a functioning insurance market, as presented by insurers in proceedings, and identifies some apparently unforeseen consequences of merging the judicial and insurance narratives in supporting decisions on contempt of court. The conclusion is that the area is ripe for consideration of best practice and clear guidelines as there may be opportunity for abusive practices.
118-143
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
31 March 2020
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Hjalmarsson, Johanna
(2020)
Fraudulent insurance claims as context: moral support for contempt of court decisions.
Civil Justice Quarterly, 39 (2), .
Abstract
This article considers case law concerning decisions of contempt of court in the context of insurance claims litigation. From slow beginnings in the first reported case from 2006, a clear strategy of use of contempt as an additional remedy against insurance fraud has developed over time, with increasing harshness in judicial treatment. The article considers judicial dicta reinforcing the contempt of court narrative with the social interest of a functioning insurance market, as presented by insurers in proceedings, and identifies some apparently unforeseen consequences of merging the judicial and insurance narratives in supporting decisions on contempt of court. The conclusion is that the area is ripe for consideration of best practice and clear guidelines as there may be opportunity for abusive practices.
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Contempt190719
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Hjalmarsson 2020 39 CJQ Issue 2 Print
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Accepted/In Press date: 25 July 2019
Published date: 31 March 2020
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Local EPrints ID: 432977
URI: http://eprints.soton.ac.uk/id/eprint/432977
ISSN: 0261-9261
PURE UUID: ed68ed74-edec-4605-8481-5fb8a05ab954
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Date deposited: 05 Aug 2019 16:30
Last modified: 16 Mar 2024 08:03
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