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Finding of fraud made in respect of a ‘slam on’ claim

1st June 2016

Marcus Grant appeared for Amlin Insurance in two injury claims.

Marcus Grant (instructed by Gary Orritt of DAC Beachcroft) appeared for Amlin Insurance to defend two claims brought by a husband and wife from an alleged car accident involving an accident management company (Obssass Hire & Storage) based in Brentford, West London, represented by Asons Solicitors in Bolton. They claimed £176,000 in damages, £161,000 of it in relation to credit hire and storage charges.

The claim was defended on the basis that the collision was deliberately induced, that the contact between the vehicles was minimal and insufficient to cause any injury, that the Claimant’s car had pre-existing damage which the Claimants dishonestly attributed to the collision, their self report of injuries was fabricated, that their attempt to claim £1,026 on physiotherapy charges for treatment that was never undergone was fraudulent and that the resulting hire of a prestige car for more than 500 days at a daily rate of £270 was obscene.

The trial was heard over two days before Mr Recorder Bellamy at the Mayors and City of London Court. The Court found for the Defendant on all issues.  A finding was made that the claim was ‘fundamentally dishonest’ in accordance with CPR 44.16(2) and the QOCS regime was disapplied. The Claimants were ordered to pay the Defendant’s costs of the action on the indemnity bases and an Order was made permitting the Defendant to apply for an Order that Obssass Hire & Storage should pay all or part of its costs pursuant to Section 51 of the Supreme Court Act; Farrell v. Direct Accident Management Services [2009] EWCA Civ 769 was applied.

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Marcus Grant

Marcus Grant
Year of Call: 1993

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