Conspiracy and deceits with exemplary damages for Ocado
Conspiracy and deceits with exemplary damages for Ocado
Ocado was the target of what the Court found to be a carefully orchestrated "crash for cash" conspiracy involving an Ocado van driven by an employee and two additional vehicles.
Representing Ocado from the outset through to trial, Aaron Pulford defended the claim for vehicle damage and credit hire arising from the collision. Personal injury claims brought by the driver and passenger of the intermediate vehicle were abandoned after Ocado raised concerns that the accident had been staged. The Claimant, however, continued to pursue his property damage and credit hire claims.
Ocado responded with a Counterclaim and Part 20 proceedings against the occupants of the intermediate vehicle and its own driver, alleging that all those involved had conspired to engineer the collision in order to facilitate fraudulent insurance claims.
Following a detailed examination of CCTV footage, financial links between the parties, documentary evidence and cross-examination of the Claimant, the court concluded that the collision had been pre-arranged, that the Claimant had participated in the conspiracy, and that the claim had been advanced dishonestly.
The claim was dismissed and judgment entered for Ocado on its Counterclaim in deceit and conspiracy against all parties. Significantly, the court also awarded exemplary damages against the conspirators together with indemnity costs, reflecting the seriousness of the fraud.
With thanks to Stuart Clemson and Dawn Drabble at Keoghs for their instruction and expertise in this complex civil fraud matter.
View Aaron's profile here:- https://lnkd.in/e_EtnjCk
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