News & Resources

Judgment in tort of deceit claim made concerning an alleged road traffic accident

2nd March 2016

Sacha Ackland appeared for Co-operative Insurance Services

Sacha Ackland appeared for Co-operative Insurance Services (instructed by Catriona Basey of Hill Dickinson) in a 2 day trial heard by HHJ Collender QC at the Mayor’s and City of London County Court, and successfully obtained judgment in a tort of deceit claim. In 2014 claims were made based on an alleged road traffic accident, including credit hire and personal injury claims. Various payments were made by CIS to the Defendants and a credit hire company in the belief that a genuine accident had taken place. Subsequent investigations revealed reason to doubt that any genuine accident had taken place on a public road, including forensic engineering evidence suggesting that one of the vehicles was stationary at the point of impact.

CIS brought proceedings in the tort of deceit against the two parties said to have staged the accident, claiming recovery of all sums paid (on the basis of a joint and several liability) and exemplary damages. One of the Defendants took no part in the proceedings, but the other entered a Defence, fully defended the proceedings throughout, and was represented and appeared at trial. After considering several authorities on the tort of deceit, assessment of the credibility of witnesses, and exemplary damages, Judge Collender QC found in favour of the Claimant on all aspects of the claim. Both Defendants were ordered to pay exemplary damages although the sums were modest given the lack of evidence of their means and that the Claimant had been compensated in damages.




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