Sayahi & Anor v Tesco Stores Ltd & Anor [2024] EW Misc 4 (CC) (18 January 2024)

Sayahi & Anor v Tesco Stores Ltd & Anor [2024] EW Misc 4 (CC) (18 January 2024)

The court found that the accident was deliberately staged as part of a large-scale conspiracy to defraud Tesco, involving deceit and abuse of trust by Mr Safi and others. The scale and egregiousness of the fraud justified substantial exemplary damages to punish and deter such conduct.

Citation
[2024] EW Misc 4 (CC)
Parties
First Claimant: Adel Motlaghi Sayahi (Otherwise known as Kamal Taei); Second Claimant: Amineh Mohavi (Otherwise known as Emina Taei); Defendant/part 20 Claimant: Tesco Stores Limited; First Part 20 Defendant: Reyhan Safi
Jurisdiction
England and Wales
Judgment Date
18 January 2024
Procedural Posture
Civil Tort (fraud, Conspiracy, Personal Injury) / Assessment of Damages Following Judgment on Counterclaim and Admissions
Outcome
Judgment for Tesco Stores Limited on the counterclaim and Part 20 claim; damages awarded against Mr Safi; formal order to be drawn reflecting admissions by Mr Sayahi and Ms Mohavi.
Legal Topics
Fraud, Conspiracy, Deceit, Personal Injury, Exemplary Damages, Credit Hire, Special Damages
Tort Law Civil Procedure Insurance Law Fraud Conspiracy Deceit Personal Injury Exemplary Damages +2 more

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Parties

Adel Motlaghi Sayahi (Otherwise known as Kamal Taei)

First Claimant

Amineh Mohavi (Otherwise known as Emina Taei)

Second Claimant

Tesco Stores Limited

Defendant/part 20 Claimant

Reyhan Safi

First Part 20 Defendant

Procedural Posture

Civil Tort (fraud, Conspiracy, Personal Injury) / Assessment of Damages Following Judgment on Counterclaim and Admissions

Legal Issues

  1. 1 Whether the accident was staged as part of a conspiracy to defraud Tesco
  2. 2 Whether the claimants and Mr Safi were involved in deceit and conspiracy
  3. 3 Assessment of damages including exemplary damages against Mr Safi

Ratio Decidendi

The court found that the accident was deliberately staged as part of a large-scale conspiracy to defraud Tesco, involving deceit and abuse of trust by Mr Safi and others. The scale and egregiousness of the fraud justified substantial exemplary damages to punish and deter such conduct.

Court Disposition

Judgment for Tesco Stores Limited on the counterclaim and Part 20 claim; damages awarded against Mr Safi; formal order to be drawn reflecting admissions by Mr Sayahi and Ms Mohavi.

Orders

  • Mr Safi to pay Tesco £850.75 for investigation costs.
  • Mr Safi to pay Tesco £18,000 in exemplary damages.