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Nicholas Lumley QC, instructed by Clyde & Co, represented Aviva in what is thought to be the first private prosecution arising from a fraudulent public liability claim. The defendant had staged an accident at a supermarket and submitted a claim for personal injuries. She was found to be ‘fundamentally dishonest’ by the Judge in civil proceedings. Aviva, advised by Mr Lumley QC, elected to bring criminal proceedings against her when the police and CPS refused to investigate the fraud. The defendant pleaded guilty on the day of trial and was sentenced to 21 months’ imprisonment, suspended only because of her family circumstances.
The case was reported here:
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