13th January 2017
Alex Glassbrook, instructed at trial by Keoghs for two insurance companies, secured the dismissal of two claims made in relation to two alleged road traffic accidents, as well as costs orders against the unsuccessful claimants including orders for payments on account of the insurers’ costs of £10,000 per claimant.
The defences pleaded that the claimants evidence was insufficient to prove the alleged accidents and injuries, as well as raising the question of whether the claims were also part of a campaign of fraud involving 15 other accidents, showing similar features.
There was no direct evidence linking the claimants to the campaign of fraud (which was pleaded and proven), and the court did not find that the circumstantial evidence proved fraud against either claimant. However, having heard cross-examination the court did find that neither claimant’s evidence was sufficient to prove the occurrence of the accident and of the alleged injury, so dismissed both claims for lack of proof, applying the principles in cases including Francis & others v Wells & Churchill Insurance Co Ltd  EWCA Civ 1350.