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Emma, this is about putting the case in the statements of case.

If it is the defendant's case that they are alleging fraud then they should say so. I do not understand the reluctance not to do so when there are no penalties at all if fraud (or fundamental dishonesty) is not established.

Thinking about it, I cannot remember the last time I had the insurer as D2. maybe because I do not have any fraud cases I guess.

Mind you, on one particular case I keep inviting the defendant to allege fraud but they absolutely refuse to do so. They want to see my client's CFA for some reason, and ask why he has taken so long to present his claim, but what has that to do with the protocol?

I know what they mean, and they know that I know where they're going with this, and my client knows where they are going with this and the possible consequences for him, but why not say it or at least explain themselves?

No doubt I will have to issue but I will look forward to seeing what the defence says.

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