Collins vs Tesco Stores Limited

This case concerned a claim by Mr. Grzegorz Collins against Tesco Stores Limited and Darran Taylor, involving issues of alleged staged vehicle collisions and fraud.

TLDR:

• Mr. Collins filed a lawsuit against Tesco for damages related to a vehicle collision.
• Tesco counterclaimed, alleging deceit and conspiracy involving staged accidents.
• The court found a widespread conspiracy to defraud Tesco.
• Mr. Collins agreed to reimburse Tesco for interim payments and damages.
• Mr. Taylor was ordered to pay exemplary damages for his role in the fraud.

The claimant, Mr. Collins, pursued a claim against Tesco Stores Limited in relation to a collision between his Porsche and an Iveco Daily Van driven by Darran Taylor on 23 October 2019. Tesco had made an interim payment of £15,560 to Mr. Collins for vehicle damage on a without prejudice basis.

Mr. Collins served a Claim Form and other documents on 21 October 2020, seeking to recover damages for vehicle damage, credit hire, and personal injury. Tesco filed a Defence, Counterclaim, and Part 20 Additional Claim on 19 November 2020, alleging deceit and conspiracy against Mr. Collins and Mr. Taylor. Mr. Collins discontinued his claim on 15 July 2021.

Mr. Taylor failed to file a Defence or provide evidence, leading to a judgment against him and Mr. Collins on 29 September 2021. The matter proceeded to an Assessment of Damages hearing. Tesco identified 12 litigated and 20 pre-litigated cases linked to this action, suggesting a pattern of staged accidents involving Tesco drivers.

Mr. Xavier, representing Mr. Collins, advised that his client had made admissions under CPR 14.2, agreeing to reimburse Tesco for the interim payment and additional damages. The case proceeded to quantum in respect of Mr. Taylor alone. The court found that the accident was staged and part of a broader conspiracy involving multiple parties.

Mr. Taylor was involved in five accidents within three months, all of which were found to be staged. Similar Fact Evidence presented by Tesco linked these incidents to a larger fraud scheme. The court awarded Tesco £1,441.65 for internal investigation costs and exemplary damages of £18,000 against Mr. Taylor.

The court emphasized the seriousness of the fraud, noting the extensive conspiracy and the impact on Tesco's operations and employee relations. The judgment highlighted the importance of diligent investigation and legal representation in uncovering and addressing such fraudulent activities.

Finally, the court acknowledged the efforts of Tesco's legal team in presenting comprehensive evidence and ensuring a timely resolution of the case.

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

Judicial Panel: HHJ Baucher

Case Citation Reference: [2024] EW Misc 8 (CC)