Liverpool Victoria Insurance Company Ltd v Khan & Ors

Liverpool Victoria Insurance Company Ltd v Khan & Ors

Permission to add further grounds of contempt against the 1st Defendant was granted as the combination of evidence provided a strong prima facie case to the criminal standard. The Claimant acted with reasonable diligence in adducing late evidence, and any delay was justified. The 2nd Defendant's application to strike out was refused as there remained a strong prima facie case. All defendants and all grounds should be tried together in the interests of justice. Costs were reserved.

Parties
Claimant: Liverpool Victoria Insurance Company Limited; 1st Defendant: Kamar Abbas Khan; 2nd Defendant: Shafiq Sultan; 3rd Defendant: Dr Asef Zafar; 4th Defendant: Mohammed Shazad Ahmed
Jurisdiction
England and Wales
Judgment Date
30 January 2018
Procedural Posture
Contempt Proceedings (civil) / Interlocutory Application and Case Management Directions
Outcome
Permission granted to add further grounds of contempt; application to strike out refused; proceedings adjourned for joint trial; costs reserved.
Legal Topics
Committal for Contempt, Forgery, False Statements, Case Management, Relief From Sanctions
Civil Procedure Contempt of Court Personal Injury Committal for Contempt Forgery False Statements Case Management Relief From Sanctions

Case Brief

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Parties

Liverpool Victoria Insurance Company Limited

Claimant

Kamar Abbas Khan

1st Defendant

Shafiq Sultan

2nd Defendant

Dr Asef Zafar

3rd Defendant

Mohammed Shazad Ahmed

4th Defendant

Procedural Posture

Contempt Proceedings (civil) / Interlocutory Application and Case Management Directions

Legal Issues

  1. 1 Whether permission should be granted to add further grounds of contempt against the 1st Defendant
  2. 2 Whether the 2nd Defendant's application to strike out should be allowed
  3. 3 Whether the proceedings should be adjourned and all defendants tried together

Ratio Decidendi

Permission to add further grounds of contempt against the 1st Defendant was granted as the combination of evidence provided a strong prima facie case to the criminal standard. The Claimant acted with reasonable diligence in adducing late evidence, and any delay was justified. The 2nd Defendant's application to strike out was refused as there remained a strong prima facie case. All defendants and all grounds should be tried together in the interests of justice. Costs were reserved.

Court Disposition

Permission granted to add further grounds of contempt; application to strike out refused; proceedings adjourned for joint trial; costs reserved.

Orders

  • Committal application against all four defendants adjourned to March 2018 for 10-day hearing.
  • Claimant permitted to include Grounds C1-C7 against 1st Defendant and rely on specified expert and affidavit evidence.