Alghafagi v Tesco Stores Ltd [2023] EW Misc 19 (CC) (17 November 2023)

Alghafagi v Tesco Stores Ltd [2023] EW Misc 19 (CC) (17 November 2023)

The court found, on the balance of probabilities, that the accident was staged as part of a conspiracy involving Ms Alghafagi, Mr Rose, Zhraa Alghafagi, and Zina Alghafagi, who knowingly made false statements to induce Tesco to pay compensation. The objective evidence, including GPS data, expert engineering analysis, and patterns of prior similar incidents, established the fraudulent nature of the claim. The conduct amounted to the torts of deceit and unlawful means conspiracy, causing Tesco loss.

Citation
[2023] EW Misc 19 (CC)
Parties
Claimant: Hanaa Alghafagi; Defendant/part 20 Claimant: Tesco Stores Limited; First Part 20 Defendant: Donovan Rose; Second Part 20 Defendant: Zhraa Alghafagi; Third Part 20 Defendant: Zina Alghafagi
Jurisdiction
England and Wales
Judgment Date
17 November 2023
Procedural Posture
Civil Tort (deceit, Conspiracy) / Judgment After Trial on Liability and Assessment of Damages
Outcome
Judgment for Tesco Stores Limited on the Part 20 claim; finding of deceit and conspiracy against Hanaa Alghafagi, Zhraa Alghafagi, Zina Alghafagi, and Donovan Rose.
Legal Topics
Deceit, Unlawful Means Conspiracy, Fraudulent Misrepresentation, Road Traffic Accident, Assessment of Damages
Tort Fraud Civil Procedure Deceit Unlawful Means Conspiracy Fraudulent Misrepresentation Road Traffic Accident Assessment of Damages

Case Brief

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Parties

Hanaa Alghafagi

Claimant

Tesco Stores Limited

Defendant/part 20 Claimant

Donovan Rose

First Part 20 Defendant

Zhraa Alghafagi

Second Part 20 Defendant

Zina Alghafagi

Third Part 20 Defendant

Procedural Posture

Civil Tort (deceit, Conspiracy) / Judgment After Trial on Liability and Assessment of Damages

Legal Issues

  1. 1 Whether the accident on 9 August 2019 was staged as part of a conspiracy to defraud Tesco
  2. 2 Whether the parties made false statements knowingly or recklessly with intent to induce Tesco to act to its detriment
  3. 3 Whether the conduct amounted to the torts of deceit and conspiracy

Ratio Decidendi

The court found, on the balance of probabilities, that the accident was staged as part of a conspiracy involving Ms Alghafagi, Mr Rose, Zhraa Alghafagi, and Zina Alghafagi, who knowingly made false statements to induce Tesco to pay compensation. The objective evidence, including GPS data, expert engineering analysis, and patterns of prior similar incidents, established the fraudulent nature of the claim. The conduct amounted to the torts of deceit and unlawful means conspiracy, causing Tesco loss.

Court Disposition

Judgment for Tesco Stores Limited on the Part 20 claim; finding of deceit and conspiracy against Hanaa Alghafagi, Zhraa Alghafagi, Zina Alghafagi, and Donovan Rose.

Orders

  • Assessment of damages in favour of Tesco against Hanaa Alghafagi, Zhraa Alghafagi, and Zina Alghafagi.
  • Judgment entered against Donovan Rose on the Part 20 claim for deceit and conspiracy.