Morgan v Shah & Anor [2023] EW Misc 17 (CC) (17 November 2023)

Morgan v Shah & Anor [2023] EW Misc 17 (CC) (17 November 2023)

The court found, on the balance of probabilities, that Ms Morgan and Mr Shah colluded to stage the accident for financial gain, made knowingly false statements in support of fraudulent insurance claims, and that the accident circumstances and vehicle damage were inconsistent with their accounts. The evidence established the torts of deceit and conspiracy against Tesco.

Citation
[2023] EW Misc 17 (CC)
Parties
Claimant: Shireen Tiara Morgan; First Defendant: Sunil Shah; Second Defendant/part 20 Claimant: Tesco Stores Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2023
Procedural Posture
Civil Tort (deceit, Conspiracy, Road Traffic Accident) / Judgment After Trial
Outcome
Claim dismissed; counterclaim for deceit and conspiracy upheld.
Legal Topics
Deceit, Fraud, Conspiracy, Staged Accidents, Insurance Claims, Personal Injury, Vehicle Damage
Tort Law Civil Procedure Insurance Law Deceit Fraud Conspiracy Staged Accidents Insurance Claims +2 more

Case Brief

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Parties

Shireen Tiara Morgan

Claimant

Sunil Shah

First Defendant

Tesco Stores Limited

Second Defendant/part 20 Claimant

Procedural Posture

Civil Tort (deceit, Conspiracy, Road Traffic Accident) / Judgment After Trial

Legal Issues

  1. 1 Whether the accident on 16 August 2019 was staged by the claimant and first defendant to defraud Tesco.
  2. 2 Whether the claimant and first defendant made knowingly false statements to induce Tesco to pay damages.
  3. 3 Whether the conduct amounted to the torts of deceit and conspiracy.

Ratio Decidendi

The court found, on the balance of probabilities, that Ms Morgan and Mr Shah colluded to stage the accident for financial gain, made knowingly false statements in support of fraudulent insurance claims, and that the accident circumstances and vehicle damage were inconsistent with their accounts. The evidence established the torts of deceit and conspiracy against Tesco.

Court Disposition

Claim dismissed; counterclaim for deceit and conspiracy upheld.

Orders

  • Ms Morgan's claim is struck out and dismissed as fraudulent.
  • Judgment for Tesco on the counterclaim for deceit and conspiracy.