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Fraud established and exemplary damages recovered. Marcus Grant (instructed by Hamida Khatun of Keoghs LLP) appeared for Direct Line Insurance to resist three injury claims arising from an alleged road accident that generated 11 intimated injury claims from occupants in three vehicles.
The Defendant advanced a positive case of fraud relying on (1) engineering evidence that demonstrated that the Claimants’ car was stationary when it sustained nearside damage which contradicted their alleged account of the mechanism of the accident, (2) numerous discrepancies between the various accounts of the 11 intimated claims and (3) an assertion that a document containing an alleged confession from the at fault driver was forged with the intention of perverting the course of justice. HHJ Boucher sitting in the Central London County Court accepted all three limbs of the Direct Line’s case and made the finding of fraud, awarded exemplary damages of £2,000 against each Claimant and costs on the indemnity basis.