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James Henry (instructed by Morgan Davies of Hill Dickinson) acted for Hastings Direct in its successful defence of a claim for damages arising from a staged accident.
The Second Defendant insurer placed reliance on expert engineering evidence to demonstrate that the vehicles said to have been involved could not have been in collision with each other. During cross-examination the Claimant told the Judge he did not want to answer any further questions and exercised his right against self-incrimination. Relying on the engineering evidence and multiple inconsistencies that had been exposed in the Claimant’s evidence, Deputy District Judge Turner dismissed the claim and held that the insurer had proven its positive case of fraud. The claim was found to be fundamentally dishonest and costs were awarded on the indemnity basis.