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)

Mr Parkin obtained insurance membership, benefits, and Ombudsman awards by fraudulent misrepresentation; the contract is void ab initio and the claimant is entitled to repayment and avoidance of the contract.

Citation
[2015] EWHC 1750
Parties
Claimant/respondent: Cirencester Friendly Society Limited; Defendant/appellant: Mr Christopher Parkin
Jurisdiction
England and Wales
Judgment Date
12 May 2015
Procedural Posture
Civil / Trial Judgment
Outcome
Claim allowed; contract void ab initio; Ombudsman awards set aside; repayment ordered.
Legal Topics
Fraudulent Misrepresentation, Insurance Claims, Contract Avoidance, Financial Ombudsman Service Awards
Insurance Law Contract Law Fraud Fraudulent Misrepresentation Insurance Claims Contract Avoidance Financial Ombudsman Service Awards

Case Brief

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Parties

Cirencester Friendly Society Limited

Claimant/respondent

Mr Christopher Parkin

Defendant/appellant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether Mr Parkin obtained insurance benefits and Ombudsman awards by fraud
  2. 2 Whether the insurance contract was void ab initio due to fraudulent misrepresentation
  3. 3 Whether the claimant is entitled to repayment of sums paid under the contract

Ratio Decidendi

Mr Parkin obtained insurance membership, benefits, and Ombudsman awards by fraudulent misrepresentation; the contract is void ab initio and the claimant is entitled to repayment and avoidance of the contract.

Court Disposition

Claim allowed; contract void ab initio; Ombudsman awards set aside; repayment ordered.

Orders

  • Set aside Financial Ombudsman Service awards dated 10 September 2010 and 25 July 2012.
  • Declare both awards unenforceable due to fraud.