Tesco Stores Limited vs Shimaa Khattawi and Darran Taylor

This case involved Tesco Stores Limited seeking damages for fraud and conspiracy against Shimaa Khattawi and Darren Taylor, following a series of staged accidents aimed at defrauding the company.

TLDR:

• Shimaa Khattawi and Darren Taylor were involved in a staged accident.
• Tesco Stores Limited sought damages for fraud and conspiracy.
• The court assessed the extent of the damages.
• Exemplary damages were awarded to Tesco.

The claimant, Tesco Stores Limited, identified a series of staged accidents involving their employees and other individuals, including the defendants Shimaa Khattawi and Darren Taylor. The incidents were part of a broader conspiracy to defraud Tesco by claiming compensation for fictitious damages and personal injuries.

On 11th September 2019, Darren Taylor, a Tesco employee, allegedly collided with Shimaa Khattawi's vehicle. Tesco initially admitted liability and made an interim payment of £27,108 to Khattawi. However, upon further investigation, Tesco discovered evidence suggesting the accident was staged.

In October 2019, Tesco sought to withdraw its admission of liability and amend its defense to include allegations of fraud, deceit, and conspiracy. Subsequently, Khattawi discontinued her claim against Tesco. In July 2021, Tesco initiated legal proceedings against Khattawi and Taylor, claiming damages for deceit and conspiracy. Judgment was entered against both defendants in September 2021, and the court was tasked with assessing the damages.

Tesco presented evidence of multiple similar staged accidents involving their employees, including other cases linked to the defendants. The court reviewed extensive evidence, including dashcam footage and witness statements, which supported Tesco's claims of a coordinated conspiracy to stage accidents and defraud the company.

The court found that the accident involving Khattawi and Taylor was indeed staged. Taylor's actions, including reversing into Khattawi's vehicle and providing false accounts of the incident, were part of a deliberate scheme to claim compensation. The court also noted that Khattawi's involvement in the conspiracy was central, given her connections to other key players and garages involved in similar fraudulent claims.

The court awarded Tesco the interim payment of £27,108 and additional costs for vehicle repairs and internal investigations. Furthermore, exemplary damages were awarded to reflect the egregious nature of the defendants' conduct. Khattawi was ordered to pay £20,000 in exemplary damages, while Taylor was ordered to pay £18,000.

The judgment highlighted the extensive and sophisticated nature of the fraud, involving multiple linked cases and a network of individuals and businesses. The court emphasized the importance of deterring such fraudulent activities and protecting the integrity of the justice system.

The diligent work of Tesco's legal team was acknowledged, as their efforts were crucial in uncovering the conspiracy and presenting comprehensive evidence to the court.

Legal representatives: Mr. Aaron Pulford (instructed by Keoghs LLP) for the claimant.

Judicial Panel: HHJ Baucher

Case Citation Reference: [2024] EW Misc 9 (CC)