22 August 2016
The Supreme Court recently unanimously held that where a party has settled a claim despite suspecting fraud, the settlement agreement can subsequently be set aside should that party later discover evidence confirming fraud. Importantly, the Court did not consider it necessary for the defrauded party to have believed the misrepresentation upon which it relied to its detriment.
For further info please see the eUpdate “Setting aside” fraudulent personal injury settlements north of the border Hayward v Zurich Insurance Company on our blog.