Fraud and all that – professionals who know too much

2 June 2020

In this podcast, Jamie Smith KC, Helen Evans KC and Hannah Daly review where we are with dishonest assistance and unlawful means conspiracy claims after Group 7 and Stobart / The Racing Partnership. A look, too, at insurers’ recovery options in the event that the insured is engaged in ‘naughty conduct’.

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This talk considers how professionals, who behave with bad faith, are vulnerable to claims brought by a wide range of persons who are not their clients. Such claims bring much unpredictability for professional practices and their insurers; as they are not subject to the pre-agreed terms and conditions of the client engagement.

In this podcast we aim:

  • to identify two particular types of claim, founded on bad faith, to which professional persons are vulnerable: dishonest assistance and unlawful means conspiracy;
  • to analyse the key elements of those claims;
  • to assess the ramifications of the bringing of such claims for professional indemnity insurers; and
  • to look at associated insurance issues.

Claims against professionals for bad faith are on the rise; and we hope that this podcast will serve as a helpful guide of risks and rewards on both sides of the litigation divide.


Jamie Smith KC

Call: 1995 Silk: 2015

Helen Evans KC

Call: 2001 Silk: 2022

Hannah Daly

Call: 2017



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