The Insurers’ “Fraudulent Device” Defence: Its Existence, Scope and the Effect of Human Rights
Topic The Insurers' Fraudulent Device Defence: Its Existence, Scope and the Effect of Human Rights

Date / time
21/02/2014
1:00 pm


Chirag Karia QC: Chirag has a broad commercial, shipping, insurance and international trade practice.  He appears regularly in the Commercial and Admiralty Courts and in commercial arbitrations and also appears in the Chancery Division.  Chirag graduated from Cambridge University with the top first in his year (winning the Slaughter and May Prize) and achieved First Class Honours in all three parts of the Law Tripos.  Chirag is also a qualified attorney admitted to practice before all the Federal and State Courts in California, where he practiced for 10 years prior to returning to the Bar.  He has a number of reported Federal Court decisions.  He is leading counsel for the insured in The DC Merwestone.

  • The decision of the Commercial Court in The DC Merwestone [2013] 2 Lloyd’s Rep. 131.
  • The law on fraudulent claims.
  • Agapitos v. Agnew (“The Aegeon”) and the fraudulent device doctrine.
  • The effect of the post-Agapitos authorities.
  • The DC Merwestone Appeal.
  • The impact of Article 1 of the First Protocol to the European Convention on Human Rights.
  • The Law Commission’s Consultations and Proposals.

 

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