Abdulla vs Tesco Stores Limited

This case involved allegations of staged vehicle collisions orchestrated by Mr. Abdulla and Mr. Parmar, aimed at defrauding Tesco Stores Limited.

TLDR:

• Mr. Abdulla filed a lawsuit against Tesco for damages related to a vehicle collision.
• Tesco counterclaimed, alleging the collision was staged as part of a broader conspiracy.
• The court found in favor of Tesco, awarding damages and exemplary damages.
• Mr. Parmar admitted to participating in multiple staged collisions.

The Claimant, Mr. Abdulla, issued proceedings against Tesco Stores Limited (Tesco) in relation to a collision between a Vauxhall registration BF66 BNA and an Iveco Daily Van registration BD65 XEJ driven by Tesco's driver, Manish Parmar, on 2nd January 2020. Mr. Abdulla sought to recover damages for vehicle damage, credit hire charges, and recovery and storage charges limited to £25,000.

On 22nd October 2020, Tesco filed and served an Amended Defence, Counterclaim, and Part 20 Additional Claim. Tesco challenged the veracity of the claim, pleading that Mr. Parmar intentionally drove into collision with Mr. Abdulla's vehicle and alleging deceit and conspiracy on the part of Mr. Abdulla and Mr. Parmar.

Mr. Abdulla's solicitors were removed from the court record on 16th July 2021, and thereafter Mr. Abdulla played no part in these proceedings. Judgment was entered on Tesco's Counterclaim on 27th September 2021, and Mr. Abdulla's claim was struck out on 23rd September 2022. The proceedings in this case and other actions involving Mr. Parmar were stayed. The matter was accordingly listed for an Assessment of Damages hearing in relation to Mr. Abdulla.

Tesco identified a further 12 litigated cases linked to this action and other non-litigated linked cases. These cases involved similar allegations of staged collisions and fraudulent claims against Tesco.

Mr. Parmar admitted his involvement in multiple staged collisions, including the one involving Mr. Abdulla. He detailed how he was approached by two individuals, 'Nik' and 'Dee', who offered him money to participate in these staged collisions. Mr. Parmar described the modus operandi of these staged incidents, including how the collisions were orchestrated and the fraudulent claims were filed.

The court found that this accident was staged by Mr. Abdulla and Mr. Parmar, assisted by other unknown individuals. This was part of a series of targeted accidents involving drivers employed at the Greenford depot to recover compensation from Tesco. The court also considered similar fact evidence from other linked cases, which supported Tesco's allegations of a widespread conspiracy.

The court awarded Tesco compensatory damages of £1,333.26, holding Mr. Abdulla responsible for 50% of the damages. Additionally, the court awarded exemplary damages of £18,000 to deter Mr. Abdulla and others from engaging in similar fraudulent activities in the future.

The court emphasized the seriousness of the conduct and the need to deter such fraudulent activities, which have become prevalent and adversely affect society by increasing insurance premiums. The judgment also highlighted the extensive nature of the conspiracy and the significant resources required to uncover and prosecute these fraudulent claims.

The court acknowledged the diligent and forensic work undertaken by those instructed on behalf of Tesco, which was crucial in bringing the conspiracy to light and ensuring that all evidence was comprehensively presented to the court.

Legal representatives: Mr. Aaron Pulford (instructed by Keoghs LLP) for the Defendant/Part 20 Claimant.

Judicial Panel: HHJ Baucher

Case Citation Reference: [2024] EW Misc 3 (CC)