AXA Insurance UK Plc v Kryeziu

Subject Matter

PRACTICE — Pleadings — Amendment — Insurer paying out on insurance claims made by defendants for road traffic accident — Insurer subsequently bringing proceedings in deceit and conspiracy against defendants alleging claims fraudulent — Particulars of claim deliberately omitting to mention evidence obtained by insurer indicating friendship between defendants — Insurer waiting until defendants giving account of events in witness statements before seeking permission to amend claim to rely on evidence of friendship — Whether failing adequately to plead case — Whether breach of procedural rules and disclosure order — Whether permission to amend to be granted — Whether claim to be struck out — CPR r 16.4(1), Pt 31

[2023] EWHC 3233 (KB); [2024] RTR 24, KBD

Commentary

Legal Futures
Insurer not entitled to hold back evidence of potential PI fraud Case comment