News & Resources

Javed & Bhatti v Aviva

6th April 2018

Edward Hutchin, instructed by Kirsty Taylor of Keoghs solicitors, represented the successful Defendant insurers in this fraud case. The Claimants claimed damages for personal injuries and losses allegedly sustained when the Defendant’s insured collided with the rear of the vehicle in which they were travelling as it left a roundabout.

A defence was filed disputing liability, occupancy and causation. In particular, the Defendant’s insured asserted that the Claimants’ vehicle had come to a halt unnecessarily, after a lead vehicle had cut across in front of it and driven away at speed. It was therefore alleged that the collision was deliberately induced, and the compensation claims false.

After a trial in Birmingham County Court before HHJ Truman, involving oral evidence from both Claimants and another passenger, and from the Defendant’s insured, the claims were dismissed. The Defendant relied on the evidence of its insured driver, but also served evidence from the Claimants’ insurers, producing telematics data from the Claimants’ vehicle showing that they had not travelled the route alleged, and had travelled twice around the roundabout before stopping prior to the collision. The Judge accepted the Defendant’s evidence and held that the claims were fundamentally dishonest, the Claimants’ having deliberately induced the collision and lied in court about it. The claims were therefore dismissed and an enforceable costs order, assessed on the indemnity basis, made in favour of the Defendant.





Related Barristers

Edward Hutchin

Edward Hutchin
Year of Call: 1996


Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC kmorton@tgchamber.com

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or dnorton@tgchambers.com