Liverpool Victoria Insurance Company Ltd v Khan & Ors [2018] EWHC 2581 (QB) (05 October 2018)

Liverpool Victoria Insurance Company Ltd v Khan & Ors [2018] EWHC 2581 (QB) (05 October 2018)

The court found that the claimant had proved beyond reasonable doubt that the defendants, or some of them, knowingly made or caused to be made false statements in documents verified by a statement of truth, forged signatures on witness statements, and thereby interfered with the administration of justice. The evidence, including expert handwriting analysis and inconsistencies in the defendants' accounts, established deliberate dishonesty and fabrication of evidence in the context of a personal injury claim. The conduct amounted to serious contempt of court.

Citation
[2018] EWHC 2581 (QB)
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
05 October 2018
Procedural Posture
Committal for Contempt of Court (civil) / Final Judgment After Full Trial
Outcome
Defendants found guilty of contempt of court (various counts); committal orders made.
Legal Topics
Contempt of Court, False Statements, Forgery, Witness Evidence, Medical Reports, Costs
Civil Procedure Personal Injury Professional Misconduct Contempt of Court False Statements Forgery Witness Evidence Medical Reports +1 more

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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

Committal for Contempt of Court (civil) / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants committed contempt of court by making or causing to be made false statements in documents verified by a statement of truth
  2. 2 Whether the defendants forged signatures on witness statements
  3. 3 Whether the defendants interfered with the administration of justice

Ratio Decidendi

The court found that the claimant had proved beyond reasonable doubt that the defendants, or some of them, knowingly made or caused to be made false statements in documents verified by a statement of truth, forged signatures on witness statements, and thereby interfered with the administration of justice. The evidence, including expert handwriting analysis and inconsistencies in the defendants' accounts, established deliberate dishonesty and fabrication of evidence in the context of a personal injury claim. The conduct amounted to serious contempt of court.

Court Disposition

Defendants found guilty of contempt of court (various counts); committal orders made.

Orders

  • Committal orders against the First, Third, and Fourth Defendants for contempt of court.
  • Sanctions to include imprisonment, suspended sentences, or fines as appropriate (to be determined in sentencing).