Al Hashimi & Anor v Tesco Stores Ltd [2024] EW Misc 11 (CC) (12 February 2024)

The accident was a sham, staged as part of a widespread conspiracy to defraud Tesco, with claimants and driver jointly liable for compensatory and exemplary damages; the scale and centrality of Mr Al Hashimi's role justified higher exemplary damages.

Citation: [2024] EW Misc 11 (CC)
Parties: First Claimant: Hashim Al Hashimi; Second Claimant: Zainab Mohamed; Defendant/part 20 Claimant: Tesco Stores Limited; Part 20 Defendant: Darran Taylor
Jurisdiction: England and Wales
Judgment Date: 12 February 2024
Procedural Posture: Assessment of Damages / Post Judgment, Damages Assessment
Outcome: Judgment for Tesco Stores Limited against Hashim Al Hashimi, Zainab Mohamed, and Darran Taylor, jointly and severally liable.
Legal Topics: Deceit, Conspiracy, Exemplary Damages, Staged Accidents, Cash for Crash Fraud

Tort Civil Fraud Insurance Law Deceit Conspiracy Exemplary Damages Staged Accidents Cash for Crash Fraud

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 5

Parties

Hashim Al Hashimi

First Claimant

Zainab Mohamed

Second Claimant

Tesco Stores Limited

Defendant/part 20 Claimant

Darran Taylor

Part 20 Defendant

Procedural Posture

Assessment of Damages / Post Judgment, Damages Assessment

Legal Issues

1 Whether the accident was staged as part of a conspiracy to defraud Tesco
2 Assessment of damages for torts of deceit and conspiracy
3 Appropriateness and quantum of exemplary damages

Ratio Decidendi

Court Disposition

Judgment for Tesco Stores Limited against Hashim Al Hashimi, Zainab Mohamed, and Darran Taylor, jointly and severally liable.

Orders

Hashim Al Hashimi to pay £20,000 exemplary damages.
Zainab Mohamed to pay £18,000 exemplary damages.