Originally Posted by
Tobias-UK
There would be no fraud or dishonesty, a traveller could claim under both laws/jurisdictions however the airline could (and would) set-off/deduct the payment made/due under the other legislation.
But here would be a duty of candour to admit that there are parallel claims in order to ensure a set off, otherwise it would be fraud, In England and Wales there is no need for dishonesty for fraud to be committed any more and thankfully the Ghosh test no longer applies.