Rizan & Anor v Hayes & Anor

Rizan & Anor v Hayes & Anor

The claimants failed to discharge the burden of proof regarding the occurrence of the accident as alleged; the evidence was unreliable and inconsistent, and the judge was justified in dismissing the claim without making a finding of fraud.

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 save for setting aside the finding of fraud and indemnity costs order.
Legal Topics
Personal Injury, Motor Accident, Fraud, Burden of Proof, Costs
Tort Civil Procedure Personal Injury Motor Accident Fraud Burden of Proof Costs

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 on balance of probabilities that the accident occurred as alleged
  2. 2 Whether the claim was fraudulent
  3. 3 Whether dismissal of the claim required a finding of fraud

Ratio Decidendi

The claimants failed to discharge the burden of proof regarding the occurrence of the accident as alleged; the evidence was unreliable and inconsistent, and the judge was justified in dismissing the claim without making a finding of fraud.

Court Disposition

Appeal dismissed save for setting aside the finding of fraud and indemnity costs order.

Orders

  • Judge's finding of fraud set aside.
  • Indemnity costs order set aside.