Tesco Stores Ltd v Khattawi & Anor [2024] EW Misc 9 (CC) (09 February 2024)

Tesco Stores Ltd v Khattawi & Anor [2024] EW Misc 9 (CC) (09 February 2024)

The court found the accident was staged as part of a large-scale conspiracy to defraud Tesco, with Khattawi and Taylor both active participants. Tesco was entitled to recover the interim payment, repair costs, and investigation costs. Given the scale and egregiousness of the fraud, exemplary damages of £20,000 were awarded against Khattawi and £18,000 against Taylor.

Citation
[2024] EW Misc 9 (CC)
Parties
Claimant: Tesco Stores Limited; First Defendant: Shimaa Khattawi; Second Defendant: Darran Taylor
Jurisdiction
England and Wales
Judgment Date
09 February 2024
Procedural Posture
Civil / Assessment of Damages Following Default Judgment
Outcome
Judgment for the Claimant
Legal Topics
Deceit, Unlawful Means Conspiracy, Exemplary Damages, Insurance Fraud, Credit Hire Fraud
Tort Civil Fraud Deceit Unlawful Means Conspiracy Exemplary Damages Insurance Fraud Credit Hire Fraud

Case Brief

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Parties

Tesco Stores Limited

Claimant

Shimaa Khattawi

First Defendant

Darran Taylor

Second Defendant

Procedural Posture

Civil / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 Whether the accident was staged as part of a conspiracy to defraud Tesco
  2. 2 Whether Tesco is entitled to recover damages for deceit and conspiracy
  3. 3 Appropriate quantum of compensatory and exemplary damages

Ratio Decidendi

The court found the accident was staged as part of a large-scale conspiracy to defraud Tesco, with Khattawi and Taylor both active participants. Tesco was entitled to recover the interim payment, repair costs, and investigation costs. Given the scale and egregiousness of the fraud, exemplary damages of £20,000 were awarded against Khattawi and £18,000 against Taylor.

Court Disposition

Judgment for the Claimant

Orders

  • Khattawi to pay Tesco £27,108 (interim payment), £232.73 (repair costs), £1,677.60 (investigation costs), and £20,000 (exemplary damages)
  • Taylor to pay Tesco £1,677.60 (investigation costs) and £18,000 (exemplary damages)