Aviva Insurance Limited v Kelvin Ankomah Sakyi

Aviva Insurance Limited v Kelvin Ankomah Sakyi

Permission to proceed with contempt proceedings is granted on the grounds relating to false statements about the accident circumstances and the roadworthiness of the motorcycle (Grounds 1 and 3), as there is a strong prima facie case and the public interest is engaged. Permission is refused on the ground relating to...

Source-derived case information.

Parties
Claimant: Aviva Insurance Limited; Defendant: Mr Kelvin Ankomah Sakyi
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Application for Permission to Bring Contempt Proceedings / Ruling on Permission to Proceed With Contempt Application
Outcome
Partial permission granted for contempt application to proceed on specified grounds; refused on others.
Legal Topics
Contempt of Court, False Statements, Personal Injury Claims, Credit Hire Fraud
Civil Procedure Insurance Law Contempt of Court False Statements Personal Injury Claims Credit Hire Fraud

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Parties

Aviva Insurance Limited

Claimant

Mr Kelvin Ankomah Sakyi

Defendant

Procedural Posture

Application for Permission to Bring Contempt Proceedings / Ruling on Permission to Proceed With Contempt Application

Legal Issues

  1. 1 Whether permission should be granted to bring contempt proceedings for alleged false statements in personal injury and credit hire claim
  2. 2 Whether the application is in the public interest given the delay and circumstances
  3. 3 Whether the alleged false statements meet the threshold for contempt

Ratio Decidendi

Permission to proceed with contempt proceedings is granted on the grounds relating to false statements about the accident circumstances and the roadworthiness of the motorcycle (Grounds 1 and 3), as there is a strong prima facie case and the public interest is engaged. Permission is refused on the ground relating to personal injury (Ground 2) as it does not meet the threshold for contempt and is not significant enough to justify proceedings.

Court Disposition

Partial permission granted for contempt application to proceed on specified grounds; refused on others.

Orders

  • Permission granted to proceed on Grounds 1 and 3 as set out in paragraph 56 of the judgment.
  • Costs to be in the application.