In terms of insurance, ‘fraud’ can be a grey area … is a claimant, with whom the insurer has a contractual relationship, embellishing their claim for the purpose of negotiation, do they genuinely believe what they are claiming is appropriate?
But what of the repetitive claims in tort presented by an organisation or Public Authority; why would they engage in tactics that would result in anything other than reinstatement at cost?
Usually, when Damage to Crown Property (DCP) occurs, the claim concerns ‘street furniture’ which has been destroyed, evidenced by images. The aspect to be determined is frequently ‘quantum’; what is the cost of reinstatement? When it comes to damage to the Strategic Road Network, can there be any ambiguous facets?
The answer should be ‘no’, but Kier Highways and Highways England appear to have a problem with prices and accuracy, they present unsupported, contradicted erroneous figures that are not compiled in accordance with the contract.
- However, 11/2019, Highways England’s legal team left us in no doubt … ‘exaggeration is fraud‘.
What are the frauds we have conveyed and which, to date, have been disregarded by the Authority? Click here to read more.