Abdulla v Tesco Stores Ltd & Anor [2024] EW Misc 3 (CC) (18 January 2024)

Abdulla v Tesco Stores Ltd & Anor [2024] EW Misc 3 (CC) (18 January 2024)

The court found, based on confessions, documentary evidence, and similar fact evidence, that the accident was staged as part of a widespread conspiracy to defraud Tesco. The claimant knowingly participated in the fraud, submitted false documents, and is liable for compensatory and exemplary damages. The scale and egregiousness of the fraud justified a higher exemplary damages award than sought by Tesco.

Citation
[2024] EW Misc 3 (CC)
Parties
Claimant: Bakyiar Mohammed Abdulla; Defendant/part 20 Claimant: Tesco Stores Limited; Part 20 Defendant: Manish Parmar
Jurisdiction
England and Wales
Judgment Date
18 January 2024
Procedural Posture
Civil Tort (fraud, Conspiracy, Damages) / Assessment of Damages After Default Judgment on Counterclaim; Claimant's Claim Struck Out
Outcome
Judgment for Tesco Stores Limited on counterclaim; claimant's claim struck out; damages assessed against claimant.
Legal Topics
Fraud, Conspiracy, Deceit, Exemplary Damages, Similar Fact Evidence, Credit Hire, Vehicle Damage, Abuse of Process
Tort Law Civil Procedure Insurance Law Fraud Conspiracy Deceit Exemplary Damages Similar Fact Evidence +3 more

Case Brief

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Parties

Bakyiar Mohammed Abdulla

Claimant

Tesco Stores Limited

Defendant/part 20 Claimant

Manish Parmar

Part 20 Defendant

Procedural Posture

Civil Tort (fraud, Conspiracy, Damages) / Assessment of Damages After Default Judgment on Counterclaim; Claimant's Claim Struck Out

Legal Issues

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

Ratio Decidendi

The court found, based on confessions, documentary evidence, and similar fact evidence, that the accident was staged as part of a widespread conspiracy to defraud Tesco. The claimant knowingly participated in the fraud, submitted false documents, and is liable for compensatory and exemplary damages. The scale and egregiousness of the fraud justified a higher exemplary damages award than sought by Tesco.

Court Disposition

Judgment for Tesco Stores Limited on counterclaim; claimant's claim struck out; damages assessed against claimant.

Orders

  • Claimant to pay Tesco £1,333.26 compensatory damages (50% of total loss)
  • Claimant to pay Tesco £18,000 exemplary damages