Gemma has a particular interest in insurance fraud work and cases involving allegations of fundamental dishonesty.
With well over a decade of experience, Gemma has developed particular expertise in matters involving allegations of fraud and fundamental dishonesty, particularly in relation to road traffic claims.
Gemma has a robust and forensic cross examination style and provides decisive and robust advice, in conference or in writing, making her particularly suited to insurance fraud work. She acts for a number of large insurers and has been on the Admiral panel for many years, during which time she has established a close working relationship with instructing solicitors. Gemma has authored and presented numerous seminars and training sessions on a range of insurance fraud matters and in recent years delivered a ‘mock trial’ presentation to Admiral staff in Cardiff.
Gemma uses her detailed knowledge and understanding of the legal and practical issues that arise in ‘fraud’ cases to consistently deliver excellent outcomes. She has secured an impressive number of ‘FD’ findings and successful applications under s57 CCJA; recent successes include findings of fundamental dishonesty in claims involving ‘bogus passengers’, exaggerated injury and induced collisions.
Notable Cases
AA v EUI – (HHJ Wall, Birmingham)
Multi Track trial. Induced Collision - the Judge found that the index accident had been deliberately induced and that the claimant and his two passengers were therefore fundamentally dishonest. In addition to securing the finding of fundamental dishonesty and a consequential enforceable costs order, Gemma also advised on the prospects of committal proceedings.
SL v Esure (DDJ Fawcett)
Fast Track trial. LVI / Exaggerated Injury – the Judge held that Gemma’s cross examination of the Claimant had shown him to be dishonest and untruthful. Numerous inconsistencies were highlighted for which there was no proper explanation leading the Judge to find that the Claimant was not injured as a result of the index collision and that the claim was fundamentally dishonest. An enforceable costs Order of over 5,000 was made.
MB, BM, SK, SI & MM v MB (HHJ Truman Birmingham)
3 day Multi Track Trial. Bogus Passenger – the Judge ultimately accepted that all passengers were present in the claimant vehicle at the time of the collision, but dismissed all of their personal injury claims and allowed only modest special damages in respect of the first claimant’s vehicle repairs.
Memberships
MCCBA
Free Representation Unit
Gray’s Inn (Lord Uthwatt Scholarship 2005)
Qualifications
M.A Oxon; Philosophy, Politics and Economics (New College, Oxford)
GDL BPP Law School (Commendation)
BVC BPP Law School (Very Competent)
