“Setting aside” fraudulent personal injury settlements north of the border

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.

This was an English case heard in the UK Supreme Court. Such decisions are technically not binding but are highly persuasive in Scottish Courts. The question is, could we expect to see the same result if a similar case was raised north of the border?

This one page article focuses on Hayward v Zurich Insurance Company and “setting aside” fraudulent personal injury settlements north of the border.