Joel McMillan

Civil Fraud

Joel has extensive experience of cases involving dishonesty / fraud. He has secured numerous findings of fundamental dishonesty against untruthful claimants, and he has obtained exemplary damages from them under the torts of deceit and conspiracy.

He has also successfully represented a significant number of claimants, against whom dishonesty has been alleged, and secured damages for them.

Joel’s experience in this area includes low velocity impacts, staged accidents, induced collisions, occupancy issues, fabricated/exaggerated injuries, and fabricated/exaggerated heads of loss. He has a detailed knowledge of the relevant statutory provisions, case law and Civil Procedure Rules.

Joel prides himself on the thorough preparation of a detailed and carefully planned cross-examination, which he sees as being of particular importance in these types of cases.

A few recent examples of Joel’s work include:

• Securing exemplary damages against three claimants for the torts of deceit and conspiracy following their fraudulent misrepresentation as to the identity of the driver of the car in which they were passengers
• Obtaining a finding of fundamental dishonesty and making out the tort of deceit in a case where the claimant had exaggerated the extent of the damage sustained to her vehicle in a road traffic accident
• Obtaining a finding of fundamental dishonesty against a claimant who had exaggerated her loss of earnings claim, and securing the dismissal of her entire claim pursuant to s.57 of the Criminal Justice and Courts Act 2015
• Persuading a judge to make a finding of fundamental dishonesty against a claimant who had given an untruthful account of a road traffic accident