Liverpool Victoria Insurance Company Ltd v Khan & Ors

Liverpool Victoria Insurance Company Ltd v Khan & Ors

There is strong prima facie evidence that Mr Khan fabricated a backdated letter and made false statements to mislead the court, and that Mr Ahmed advised or instructed the claimant to give false evidence, both acts being likely to interfere with the course of justice. Permission is granted for committal proceedings against both defendants as the public interest and overriding objective require it.

Parties
Claimant: Liverpool Victoria Insurance Company Limited; First Defendant: Kamar Abbas Khan; Second Defendant: Shafiq Sultan; Third Defendant: Dr Asef Zafar; Fourth Defendant: Mohammed Shazad Ahmed
Jurisdiction
England and Wales
Judgment Date
14 October 2016
Procedural Posture
Application for Permission to Commence Committal Proceedings (contempt of Court) / Ruling on Permission to Proceed With Committal Applications
Outcome
Permission granted for committal proceedings against Kamar Abbas Khan and Mohammed Shazad Ahmed.
Legal Topics
Committal for Contempt, False Statements, Medical Evidence, Solicitor Misconduct
Civil Procedure Insurance Law Professional Conduct Committal for Contempt False Statements Medical Evidence Solicitor Misconduct

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Parties

Liverpool Victoria Insurance Company Limited

Claimant

Kamar Abbas Khan

First Defendant

Shafiq Sultan

Second Defendant

Dr Asef Zafar

Third Defendant

Mohammed Shazad Ahmed

Fourth Defendant

Procedural Posture

Application for Permission to Commence Committal Proceedings (contempt of Court) / Ruling on Permission to Proceed With Committal Applications

Legal Issues

  1. 1 Whether there is a strong prima facie case that the defendants knowingly made false statements or caused false evidence to be adduced in civil proceedings, justifying permission for committal proceedings for contempt of court.

Ratio Decidendi

There is strong prima facie evidence that Mr Khan fabricated a backdated letter and made false statements to mislead the court, and that Mr Ahmed advised or instructed the claimant to give false evidence, both acts being likely to interfere with the course of justice. Permission is granted for committal proceedings against both defendants as the public interest and overriding objective require it.

Court Disposition

Permission granted for committal proceedings against Kamar Abbas Khan and Mohammed Shazad Ahmed.

Orders

  • Permission is granted to Liverpool Victoria Insurance Company Limited to commence committal proceedings against Kamar Abbas Khan on grounds B1 to B12.
  • Permission is granted to Liverpool Victoria Insurance Company Limited to commence committal proceedings against Mohammed Shazad Ahmed as set out in the application.