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Civil Fraud
Joel has extensive experience of cases involving dishonesty / fraud, and has secured numerous findings of fundamental dishonesty against untruthful claimants. 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 sound knowledge of the relevant statutory provisions, case law and Civil Procedure Rules. He wrote a commentary on the leading cases on fundamental dishonesty of Howlett v Davies & Anor [2017] EWCA Civ 1696 and LOCOG v Sinfield [2018] EWHC 51 (QB) for the Farrar’s Building Personal Injury Newsletter
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:
- 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
- Securing a finding that a personal injury claimant had suffered no injury at all with the inevitable consequence that he was found to be fundamentally dishonest
If you would like to instruct Joel McMillan or would like help or advice in doing so, please call and talk to our excellent clerking team, led by Chief Executive/Director of Clerking, Paul Cray. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at chambers@farrarsbuilding.co.uk
For more information about our clerking team, please click here for the clerks page.
Appointments & Memberships
- Personal Injury Bar Association
- Free Representation Unit
- Education Law Association
Education & Qualifications
Prizes and Awards
2017 South Eastern Circuit scholarship to attend the Florida Bar Advanced Trial Advocacy Program at the University of Florida
2013 Certificate of Honour for Results in the BPTC, Middle Temple
2013 The Times Law Award essay competition: Runner Up
2013 The Kingsland Cup national mooting competition: Runner Up (final held in the Supreme Court in front of Lord Carnwath JSC)
2012 Blackstone Entrance Exhibition, Middle Temple
2011 Jules Thorn Scholarship, Middle Temple
Education
2012 – 2013 BPTC, BPP Law School, London: Outstanding
2011 – 2012 GDL, City University, London: Commendation
1999 – 2003 MA (Hons) History, University of Edinburgh: First Class
Previous Employment
Before converting to law Joel was on the Civil Service Fast Stream. Joel’s experiences in Whitehall included training MPs on the new parliamentary expenses system, drafting a Cabinet paper, working in the private office of a Secretary of State, and advising Ministers on the development of Government policy.
Prior to that, Joel led and managed cultural tours of Western Europe for groups of multi-national clients, giving lectures on the history of the countries and guided tours of a number of cities, including Paris, Rome, Florence, Venice, Barcelona, Vienna, Berlin, Amsterdam and London.
Personal Interests
Joel and his wife have recently started a family but he still makes time for cycling, theatre, travel, cooking, and playing football and tennis. He also has a keen interest in history and politics.