Jasim vs Tesco Stores Limited

This case involved a claim by Safaa Jasim against Tesco Stores Limited, concerning a staged collision and fraudulent claims for damages and personal injury.

TLDR:

• Jasim filed a claim against Tesco for vehicle damage and personal injury.
• Tesco alleged the accident was staged and involved conspiracy and deceit.
• The court found in favor of Tesco, awarding exemplary damages against Jasim and Taylor.

The claimant, Safaa Jasim, pursued a claim against Tesco Stores Limited following a collision involving a Mercedes-Benz E220 and a Tesco van driven by Darran Taylor on 6th November 2019. Jasim sought to recover damages for vehicle damage, credit hire charges, and personal injury.

On 29th December 2019, Jasim served a Claim Form, Particulars of Claim, Schedule of Special Damages, and a medical report. Tesco filed a Defence, Counterclaim, and Part 20 Additional Claim on 10th July 2020, alleging deceit and conspiracy against Jasim and Taylor. Jasim discontinued his claim on 1st July 2021, and judgment was entered against him and Taylor on 27th September 2021.

Tesco identified 12 additional litigated cases linked to this action and several non-litigated cases, suggesting a pattern of staged accidents involving drivers from the Greenford depot. The court reviewed extensive evidence, including written statements and expert reports, to establish the fraudulent nature of the claims.

The court found that the accident on 6th November 2019 was staged, with Taylor reversing into Jasim's vehicle deliberately. Expert evidence from a forensic collision expert supported this conclusion, showing that the damage to Jasim's vehicle was inconsistent with the alleged collision.

Similar Fact Evidence demonstrated a pattern of staged accidents involving Tesco drivers and linked individuals. The court noted the extensive connections between the parties and the fraudulent nature of the claims.

The court awarded Tesco exemplary damages of £18,000 against each party, reflecting the egregious conduct and the scale of the conspiracy. The court emphasized the need to deter such fraudulent activities and protect the integrity of the justice system.

The judgment highlighted the diligent work of Tesco's legal team in uncovering the fraud and ensuring comprehensive evidence was 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 12 (CC)