Akmal Khan & Anor v Martin Nistor & Anor

Akmal Khan & Anor v Martin Nistor & Anor

The claimants failed to prove their case on the balance of probabilities due to numerous inconsistencies, poor witness performance, and lack of corroborative evidence. The evidence did not meet the substantial burden required to prove fraud or a staged accident.

Parties
Claimant: Mr Akmal Khan; Claimant: Mr Muhammad Ilyas; Defendant: Mr Martin Nistor; Defendant: UK Insurance Limited
Jurisdiction
England and Wales
Judgment Date
02 September 2026
Procedural Posture
Personal Injury / Judgment After Trial
Outcome
claim dismissed
Legal Topics
Personal Injury, Road Traffic Accident, Fraudulent Claims, Burden of Proof
Tort Insurance Personal Injury Road Traffic Accident Fraudulent Claims Burden of Proof

Case Brief

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Parties

Mr Akmal Khan

Claimant

Mr Muhammad Ilyas

Claimant

Mr Martin Nistor

Defendant

UK Insurance Limited

Defendant

Procedural Posture

Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Whether the claimants proved their case for personal injury arising from a road traffic collision
  2. 2 Whether the accident was staged and the claims fraudulent

Ratio Decidendi

The claimants failed to prove their case on the balance of probabilities due to numerous inconsistencies, poor witness performance, and lack of corroborative evidence. The evidence did not meet the substantial burden required to prove fraud or a staged accident.

Court Disposition

claim dismissed

Orders

  • Second claimant's claim struck out under CPR 39.3
  • Order for costs against second claimant in favour of second defendant on indemnity basis