Mouradi v Tesco Stores Ltd & Ors [2023] EW Misc 16 (CC) (17 November 2023)

Mouradi v Tesco Stores Ltd & Ors [2023] EW Misc 16 (CC) (17 November 2023)

The court found, on clear and cogent evidence, that the accident was intentionally staged by Mouradi and Tawfeeq to secure compensation from Tesco. Both conspired, paid a third party to arrange the crash, and knowingly made false statements and representations in court documents and claim forms. Their actions constituted the torts of deceit and unlawful means conspiracy, including criminal damage and fraudulent misrepresentation. Tesco suffered loss as a result, entitling it to damages.

Citation
[2023] EW Misc 16 (CC)
Parties
Claimant: Shahin Majeed Mouradi; Defendant/part 20 Claimant: Tesco Stores Limited; First Part 20 Defendant: Manish Parmar; Second Part 20 Defendant: Tawfeeq Abdulwahid Tawfeeq; Third Part 20 Defendant: Jumana Nusseibeh
Jurisdiction
England and Wales
Judgment Date
17 November 2023
Procedural Posture
Civil Tort (deceit, Conspiracy, Fraud, Damages) / Final Judgment After Trial and Assessment of Damages
Outcome
Tesco's claims for deceit and unlawful means conspiracy succeed against Mouradi and Tawfeeq. Judgment for Tesco.
Legal Topics
Deceit, Unlawful Means Conspiracy, Fraudulent Misrepresentation, Criminal Damage, Assessment of Damages, Exemplary Damages
Tort Fraud Civil Procedure Deceit Unlawful Means Conspiracy Fraudulent Misrepresentation Criminal Damage Assessment of Damages +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Shahin Majeed Mouradi

Claimant

Tesco Stores Limited

Defendant/part 20 Claimant

Manish Parmar

First Part 20 Defendant

Tawfeeq Abdulwahid Tawfeeq

Second Part 20 Defendant

Jumana Nusseibeh

Third Part 20 Defendant

Procedural Posture

Civil Tort (deceit, Conspiracy, Fraud, Damages) / Final Judgment After Trial and Assessment of Damages

Legal Issues

  1. 1 Whether the accident was intentionally staged to defraud Tesco
  2. 2 Whether the actions of Mouradi and Tawfeeq constituted the torts of deceit and unlawful means conspiracy
  3. 3 Whether Tesco suffered loss as a result of fraudulent misrepresentations and criminal damage

Ratio Decidendi

The court found, on clear and cogent evidence, that the accident was intentionally staged by Mouradi and Tawfeeq to secure compensation from Tesco. Both conspired, paid a third party to arrange the crash, and knowingly made false statements and representations in court documents and claim forms. Their actions constituted the torts of deceit and unlawful means conspiracy, including criminal damage and fraudulent misrepresentation. Tesco suffered loss as a result, entitling it to damages.

Court Disposition

Tesco's claims for deceit and unlawful means conspiracy succeed against Mouradi and Tawfeeq. Judgment for Tesco.

Orders

  • Mouradi and Tawfeeq are jointly and severally liable to pay Tesco £1790.85 each in damages.
  • Further orders regarding exemplary damages pending.