Aviva Insurance Ltd v Nazir & Anor [2018] EWHC 1296 (QB) (23 May 2018)

Aviva Insurance Ltd v Nazir & Anor [2018] EWHC 1296 (QB) (23 May 2018)

The Defendants knowingly participated in a staged accident and made false statements in verified documents to support a fraudulent claim, thereby committing contempt of court by interfering with the administration of justice and making false statements without honest belief in their truth.

Citation
[2018] EWHC 1296
Parties
Claimant: Aviva Insurance Limited; First Defendant: Mr Shamriz Nazir; Second Defendant: Mr Mohammed Junaid Ali
Jurisdiction
England and Wales
Judgment Date
23 May 2018
Procedural Posture
Contempt of Court Application / Judgment After Trial
Outcome
Both Defendants found in contempt of court.
Legal Topics
Contempt of Court, Fraudulent Claims, Dishonest Statements, Personal Injury Claims, Staged Accidents
Civil Procedure Insurance Law Contempt of Court Fraudulent Claims Dishonest Statements Personal Injury Claims Staged Accidents

Case Brief

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Parties

Aviva Insurance Limited

Claimant

Mr Shamriz Nazir

First Defendant

Mr Mohammed Junaid Ali

Second Defendant

Procedural Posture

Contempt of Court Application / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants committed contempt of court by making false statements in verified documents without honest belief in their truth
  2. 2 Whether the Defendants interfered with the administration of justice by pursuing a fraudulent personal injury claim based on a staged accident

Ratio Decidendi

The Defendants knowingly participated in a staged accident and made false statements in verified documents to support a fraudulent claim, thereby committing contempt of court by interfering with the administration of justice and making false statements without honest belief in their truth.

Court Disposition

Both Defendants found in contempt of court.

Orders

  • Findings of contempt of court against both Defendants on all grounds alleged.