15th February 2016
Marcus Grant appeared for Aviva Insurance in defending a finding of fraud
Marcus Grant (instructed By Ruth Needham of Keoghs LLP) appeared for Aviva Insurance in a series of conjoined cases arising out of alleged ‘slam-on’ collisions involving drivers using the same group of accident management companies. Similar Fact Evidence was relied upon to establish amodus operandi that involved irrational braking to a halt of vehicles on one of the North London arterial roads following purported emergencies created by alleged decoy vehicles. Eight conjoined cases were heard back to back by HHJ Mitchell in Central London in June 2013 and findings of fraud were found in all eight. However, on the eighth case, the Judge found that there was no link between the Claimant and the alleged decoy vehicle; instead the Claimant had opportunistically and dishonestly decided to execute emergency braking with the intention of inducing a collision when presented with inconsiderate driving by a stranger who cut him up. The Claimant and his wife appealed the finding submitting that it was perverse in that it was not open on the evidence for the Judge to reach that conclusion.
The Court of Appeal disagreed. The Defendant’s case of dishonesty had been properly pleaded and sufficiently addressed in cross-examination for the Judge to make the findings he did. The appeal was dismissed
The case is reported on Lawtel:- Fertek & Peker v. Aviva Insurance  EWCA Civ