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What a surprise. Counsel for Claimants thinks Defendants are wrong, boo hoo. What he fails to recognise - indeed throughout he often wrongly refers to the defendant - is that the insurer is almost always the 2nd Def, as often the insured was involved as well as the claimant.

But of course the 2nd Def cannot plead that they know this because it is a mere suspicion. Indeed I've seen counsel in chambers have a hissy fit when fraud was pleaded, as then they complain, 'how can the insurer possibly know this as they have no knowledge of the accident.'

Silly games, but lucrative appn hearings - as was credit hire - of course for numerous North West counsel.

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