Khan & Khan v Bi
Personal Injury, Road Traffic, Fraud, Phantom Occupants.
The Claimants claimed to be occupants of a stationary motor vehicle parked outside their home address when the Defendant's vehicle collided at low speed with the rear corner the stationary vehicle. They both claimed damages for personal injury. The Defendant disputed that there were any occupants of the vehicle at the time of the collision. The Defendant’s case was that the First Claimant (Mr Khan) was stood on the pavement next to the vehicle and that the Second Claimant (Mrs Khan) was not in the vehicle. Following a trial before HHJ Rawlings at Stoke on Trent County Court, the claims were both dismissed and findings of fundamental dishonesty were made in respect of both Claimants. The Judge found that neither were in the vehicle and there were consequently no injuries sustained as a result of the collision. Having found both claims to be fundamentally dishonest, he ordered both Claimants to pay the Defendant’s costs assessed in the sum of £14,500 and granted the Defendant permission to enforce the costs under CPR 44.16.