Collins v Tesco Stores Ltd [2024] EW Misc 8 (CC) (26 January 2024)

Collins v Tesco Stores Ltd [2024] EW Misc 8 (CC) (26 January 2024)

The court found, based on extensive similar fact evidence and prior findings, that the accident was staged as part of a large-scale conspiracy to defraud Tesco, with Mr Taylor acting dishonestly and for payment. Given the egregiousness and scale of the fraud, compensatory and exemplary damages were awarded against Mr Taylor.

Citation
[2024] EW Misc 8 (CC)
Parties
Claimant: Grzegorz Collins; Defendant/part 20 Claimant: Tesco Stores Limited; Part 20 Defendant: Darran Taylor
Jurisdiction
England and Wales
Judgment Date
26 January 2024
Procedural Posture
Civil (tort Fraud/deceit/conspiracy) / Assessment of Damages After Judgment on Counterclaim and Part 20 Claim
Outcome
Judgment for Tesco Stores Limited against Darran Taylor and Grzegorz Collins on the counterclaim and Part 20 claim.
Legal Topics
Deceit, Unlawful Means Conspiracy, Exemplary Damages, Fraudulent Insurance Claims, Similar Fact Evidence
Tort Law Civil Procedure Insurance Law Deceit Unlawful Means Conspiracy Exemplary Damages Fraudulent Insurance Claims Similar Fact Evidence

Case Brief

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Parties

Grzegorz Collins

Claimant

Tesco Stores Limited

Defendant/part 20 Claimant

Darran Taylor

Part 20 Defendant

Procedural Posture

Civil (tort Fraud/deceit/conspiracy) / Assessment of Damages After Judgment on Counterclaim and Part 20 Claim

Legal Issues

  1. 1 Whether the accident was staged as part of a conspiracy to defraud Tesco
  2. 2 Whether Tesco is entitled to compensatory and exemplary damages against Mr Taylor

Ratio Decidendi

The court found, based on extensive similar fact evidence and prior findings, that the accident was staged as part of a large-scale conspiracy to defraud Tesco, with Mr Taylor acting dishonestly and for payment. Given the egregiousness and scale of the fraud, compensatory and exemplary damages were awarded against Mr Taylor.

Court Disposition

Judgment for Tesco Stores Limited against Darran Taylor and Grzegorz Collins on the counterclaim and Part 20 claim.

Orders

  • Mr Collins to reimburse Tesco £22,568.44 compensatory damages and £17,000 exemplary damages as per admission.
  • Mr Taylor to pay Tesco £1,441.65 compensatory damages for internal investigation costs and £18,000 exemplary damages.