Andrew Wilson has in-depth knowledge of all aspects of potential Road Traffic Act fraud, from low-velocity impacts (LVIs) and phantom passengers all the way to up to multi-accident fraud rings.
There is growing pressure from the courts to ensure that defences which do not specifically plead fraud are compliant with the civil procedure rules; increasingly, applications are being made to strike out defences which ‘put the claimant to proof’. Comments from the Court of Appeal in Hussain v (1) Amin (2) Charters Insurance Ltd :  EWCA Civ 1456 have assisted claimants in this respect. Andrew is well practiced at drafting defences which robustly put the defendant’s case in these circumstances, and successfully defends these types of applications.
The staged accident/stooge vehicle can be a tricky pleading, but Andrew is often successful in placing the burden back on the claimant with respect to fraud and overt negligence by the claimant driver.
Andrew does not shy away from positively pleading fraud when the situation arises; close analysis of a case can often lead this way even when it had not been envisaged by those instructing.
Before joining Sovereign Chambers in 2012, Andrew specialised in prosecuting financial crimes and brings that experience to bear when advising on the likelihood of success and, more importantly, when preparing for trial. Attention to detail, especially in relation to a claimant’s disclosure, and forensic preparation for cross examination often reap rewards. Andrew is a robust advocate, both in front of the tribunal (when the need arises) but also, more importantly, when dealing with dishonest claimants under cross-examination.
Claimants regularly oppose the disclosure of medical notes, previous accident history and financial records; Andrew is routinely successful in obtaining all disclosure requested by defendant solicitors. The Jackson Reforms have led to a raft of satellite litigation in relation to time limits and breaches of court orders. Andrew is fully conversant with the latest relevant case law and regularly successfully argues that claims should be struck-out for a failure to comply. Conversely, on the odd occasion that it is necessary to oppose such applications, he succeeds in keeping cases on the right track.
Andrew specialises in CCMCs and always gets substantial reductions from a claimant’s budget.
Andrew has acted for major travel companies such as Thomsons and Thomas Cook. He regularly acts in fraudulent personal injury claims.
Andrew is very experienced in all aspects of fraudulent claims from pre-issue, drafting defences to trial.