Aviva Insurance Ltd v Kovacic [2017] EWHC 2772 (QB) (07 November 2017)

Aviva Insurance Ltd v Kovacic [2017] EWHC 2772 (QB) (07 November 2017)

The defendant was found, beyond reasonable doubt, to have deliberately and dishonestly made false statements in documents verified by a statement of truth and to medical experts, with the intention and effect of interfering with the administration of justice by inflating his damages claim. Surveillance evidence and prior judicial findings established the falsity and dishonesty of his assertions regarding his disability.

Citation
[2017] EWHC 2772 (QB)
Parties
Claimant: Aviva Insurance Ltd; Defendant: Aleksandar Kovacic
Jurisdiction
England and Wales
Judgment Date
07 November 2017
Procedural Posture
Contempt of Court Application (civil) / Judgment After Full Hearing of Committal Application
Outcome
Application for committal for contempt of court granted in respect of specified counts; defendant found guilty of contempt of court.
Legal Topics
Contempt of Court, False Statements, Fraudulent Exaggeration of Claims, Statements of Truth, Surveillance Evidence
Civil Procedure Personal Injury Insurance Law Contempt of Court False Statements Fraudulent Exaggeration of Claims Statements of Truth Surveillance Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Aviva Insurance Ltd

Claimant

Aleksandar Kovacic

Defendant

Procedural Posture

Contempt of Court Application (civil) / Judgment After Full Hearing of Committal Application

Legal Issues

  1. 1 Whether the defendant committed contempt of court by making false statements in documents verified by a statement of truth and to medical experts, intending to interfere with the administration of justice and inflate damages.

Ratio Decidendi

The defendant was found, beyond reasonable doubt, to have deliberately and dishonestly made false statements in documents verified by a statement of truth and to medical experts, with the intention and effect of interfering with the administration of justice by inflating his damages claim. Surveillance evidence and prior judicial findings established the falsity and dishonesty of his assertions regarding his disability.

Court Disposition

Application for committal for contempt of court granted in respect of specified counts; defendant found guilty of contempt of court.

Orders

  • Findings of contempt made in respect of counts 14, 17, 20, 27, 29, 36, and 42 as set out in the judgment.