Cirencester Friendly Society Ltd v Parkin [2015] EWHC 1750 (QB) (12 May 2015)

Cirencester Friendly Society Ltd v Parkin [2015] EWHC 1750 (QB) (12 May 2015)

The defendant's fraudulent misrepresentations in his insurance application and claims entitled the claimant to avoid the contract ab initio, set aside the Ombudsman awards as unenforceable, and recover the sums paid under the void contract.

Citation
[2015] EWHC 1750 (QB)
Parties
Claimant/respondent: Cirencester Friendly Society Limited; Defendant/appellant: Mr Christopher Parkin
Jurisdiction
England and Wales
Judgment Date
12 May 2015
Procedural Posture
Civil (insurance/fraud) / Trial Judgment
Outcome
Claim allowed. Judgment for claimant.
Legal Topics
Fraudulent Misrepresentation, Insurance Contract Avoidance, Financial Ombudsman Service Awards, Restitution of Payments
Insurance Law Contract Law Civil Procedure Fraudulent Misrepresentation Insurance Contract Avoidance Financial Ombudsman Service Awards Restitution of Payments

Case Brief

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Parties

Cirencester Friendly Society Limited

Claimant/respondent

Mr Christopher Parkin

Defendant/appellant

Procedural Posture

Civil (insurance/fraud) / Trial Judgment

Legal Issues

  1. 1 Whether the defendant fraudulently misrepresented material facts in his insurance application and claims
  2. 2 Whether the claimant was entitled to avoid the insurance contract ab initio
  3. 3 Whether the Financial Ombudsman Service awards were obtained by fraud and are unenforceable

Ratio Decidendi

The defendant's fraudulent misrepresentations in his insurance application and claims entitled the claimant to avoid the contract ab initio, set aside the Ombudsman awards as unenforceable, and recover the sums paid under the void contract.

Court Disposition

Claim allowed. Judgment for claimant.

Orders

  • Set aside the Financial Ombudsman Service awards of 10 September 2010 and 25 July 2012 as obtained by fraud and unenforceable.
  • Declaration that the insurance contract was obtained by fraudulent misrepresentation and is void ab initio.