Sayahi & Mohavi vs Tesco Stores Limited

This case concerned a staged collision involving the claimants, Sayahi and Mohavi, and the defendant, Tesco Stores Limited, leading to allegations of fraud and deceit.

TLDR:

• Sayahi and Mohavi filed claims against Tesco for personal injury and vehicle damage.
• Tesco alleged the collision was staged and involved deceit and conspiracy.
• The court found in favor of Tesco, awarding exemplary damages and costs.

The claimants, Adel Motlaghi Sayahi and Amineh Mohavi, issued proceedings against Tesco Stores Limited following a collision on 16 September 2019. The incident involved a Land Rover driven by Sayahi and an Iveco Daily Van driven by Reyhan Safi, a Tesco employee.

Tesco made an interim payment of £34,385. The claimants sought general damages for personal injury and special damages for vehicle loss and credit hire, with claims limited to £75,000. Tesco challenged the claims, alleging the collision was staged and involved deceit and conspiracy by the claimants and Safi.

On 27 September 2021, judgment was entered against Safi due to a failure to respond. On 22 September 2022, the claims of Sayahi and Mohavi were struck out, and judgment was entered on Tesco's counterclaim. The case proceeded to an Assessment of Damages hearing.

Tesco identified 12 litigated and several non-litigated linked cases involving similar fraudulent activities. The court reviewed extensive evidence, including expert reports and witness statements, corroborating Tesco's allegations of a staged collision and broader conspiracy.

The court found that the accident was part of a series of staged collisions orchestrated to defraud Tesco. The evidence demonstrated a pattern of incompatible and inconsistent vehicle damage across multiple cases, reinforcing the conspiracy claims.

Exemplary damages were awarded against Safi, amounting to £18,000, reflecting the egregious nature of the fraud and the extensive conspiracy. The court acknowledged the diligent work of Tesco's legal team in uncovering and presenting the fraud.

Legal representatives: Mr. Fidler for the claimants, Mr. Aaron Pulford (instructed by Keoghs LLP) for the defendant/Part 20 claimant.

Judicial Panel: HHJ Baucher

Case Citation Reference: [2024] EW Misc 4 (CC)