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The decision looks wrong, but may not be. In effect, £135,000 was the settlement value which Zurich attached to the claim, in circumstances where Zurich admitted liability but had serious doubts about the extent of the damage: indeed, Zurich had expressly pleaded (in the original claim) that the claimant was exaggerating his injuries. It it therefore difficult to see how Zurich can be said to have been misled, which is why the CA kicked the case out.

If the evidence is clear enough, the CPS should prosecute. Presumably, an order requiring any overpayment to be disgorged could be made (under the Proceeds of Crime Act) if there was a conviction.