Cirencester Friendly Society Ltd v Parkin
The court found that Mr Parkin obtained insurance membership, benefits, and Ombudsman awards by fraudulent misrepresentation, entitling the claimant to avoid the contract ab initio, set aside the awards, and recover sums paid.
- 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
- judgment for claimant
- Legal Topics
- Fraudulent Misrepresentation, Insurance Contract Avoidance, Financial Ombudsman Service Awards, Restitution
Case Brief
Summary, issues, holding and outcome
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Parties
Cirencester Friendly Society Limited
Claimant/respondent
Mr Christopher Parkin
Defendant/appellant
Procedural Posture
Civil / Trial Judgment
Legal Issues
- 1 Whether Mr Parkin obtained insurance membership and benefits by fraudulent misrepresentation
- 2 Whether the Financial Ombudsman Service awards were obtained by fraud and are unenforceable
- 3 Whether the claimant is entitled to avoid the insurance contract ab initio and recover sums paid
Ratio Decidendi
The court found that Mr Parkin obtained insurance membership, benefits, and Ombudsman awards by fraudulent misrepresentation, entitling the claimant to avoid the contract ab initio, set aside the awards, and recover sums paid.
Court Disposition
judgment for claimant
Orders
- The Financial Ombudsman Service awards of 10 September 2010 and 25 July 2012 are set aside as obtained by fraud and are unenforceable.
- Declaration that the income protection contract was obtained by fraudulent misrepresentation and is void ab initio.
Full Case Text
Judgment text and source record
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