News & Resources

Appeal based on perversity and insufficient reasons succeeds in slam on fraud case

2nd September 2016

Marcus Grant (instructed by Hamida Khatun of Keoghs LLP) appeared for the Appellant.

The Defendant appealed a decision of DJ White in an alleged slam on case. The Defendant pleaded a detailed fraud Defence in a suspected slam-on case that included allegations of bogus passenger claims, a suspicious claims history and inconsistencies between the pleaded case and that intimated in the Claim Notification Forms from the three alleged occupants in the Claimant’s car. The Claimant turned up at trial with an interpreter, having given no prior indication that he had not read or understood the seven documents appended with his statement of truth. The Court permitted him time to have each document translated to him by the interpreter before the trial commenced. In a short ex tempore judgment the Judge indicated that he was not satisfied that the collision was a staged accident because there was insufficient evidence of any conspiracy between the Claimant and the alleged decoy car driver. In summary the Judge stated that he preferred the Claimant’s evidence to that of the Defendant whom he found gave his evidence in a didactic way.

HHJ Clark, sitting in Luton, allowed the appeal finding that it was unclear to her from the reasoning of the judgment why the Defendant had lost. The DJ failed to address the critical evidential issues in the Defendant’s case and make findings on them, before concluding that he preferred the Claimant’s evidence to the Defendant’s evidence. In the context of a clear pleading of fraud, properly put to the Claimant in cross-examination, the Court could not duck making findings on the critical issues, and could not make findings on burdens of proof until sufficient findings on those issues had been made.

Appeal allowed. Matter to be reheard by a different Judge.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993

Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or

To learn more visit our Covid-19 Information page.