Rizan & Anor v Hayes & Anor [2016] EWCA Civ 481 (26 May 2016)

Rizan & Anor v Hayes & Anor [2016] EWCA Civ 481 (26 May 2016)

The claimants failed to discharge the burden of proof regarding the occurrence of the alleged accident. Their evidence was unreliable and inconsistent with engineering evidence. The judge was correct to dismiss the claim without making a positive finding of fraud, and the costs should be assessed on the standard basis, not indemnity.

Citation
[2016] EWCA Civ 481
Parties
Claimant/appellant: Mr Mohamed Rizan; Claimant/appellant: Mr Mohammed Rilshad; First Defendant: Barry Hayes; Second Defendant/respondent: Allianz Insurance Plc
Jurisdiction
England and Wales
Judgment Date
26 May 2016
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed except as to costs assessment; finding of fraud set aside; costs to be assessed on the standard basis.
Legal Topics
Fraudulent Claims, Burden of Proof, Motor Accident, Costs Assessment
Civil Litigation Personal Injury Insurance Law Fraudulent Claims Burden of Proof Motor Accident Costs Assessment

Case Brief

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Parties

Mr Mohamed Rizan

Claimant/appellant

Mr Mohammed Rilshad

Claimant/appellant

Barry Hayes

First Defendant

Allianz Insurance Plc

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimants proved their case for damages arising from a motor accident
  2. 2 Whether the claim was fraudulent
  3. 3 Appropriate basis for costs assessment

Ratio Decidendi

The claimants failed to discharge the burden of proof regarding the occurrence of the alleged accident. Their evidence was unreliable and inconsistent with engineering evidence. The judge was correct to dismiss the claim without making a positive finding of fraud, and the costs should be assessed on the standard basis, not indemnity.

Court Disposition

Appeal dismissed except as to costs assessment; finding of fraud set aside; costs to be assessed on the standard basis.

Orders

  • Judge's finding of fraud set aside
  • Second Defendant's costs to be assessed on the standard basis, not indemnity