Simon McCann represents AXA and secures a sentence of 16 months immediate imprisonment in a successful committal case
Simon McCann, instructed by Kellie Maguire of DAC Beachcroft, yesterday represented AXA in their application for the committal to prison of Mr Amar Masud (“AM”)
AM had brought a personal injury claim against AXA’s insured, AM's former employers, arising from an accident at work in 2013. Breach of duty was admitted, and it was not in dispute that AM had suffered some injury and undergone surgical procedures. However, he maintained that he had not worked since the accident, needed near constant care, could not drive, and could only mobilise with the use of 2 crutches.
AM brought a claim for in excess of £250,000.
AXA had instructed surveillance operatives before the claim was issued. The surveillance, taken on numerous occasions over a period of 2 years, showed AM driving, mobilising freely and working in a takeaway. He was also shown attending a medical examination using his crutches, before discarding them once outside.
HHJ Peter Blair QC, sitting as a Judge of the High Court, sentenced AM (who did not attend the hearing) to a term of 16 months’ immediate imprisonment.
Passing sentence, the Judge said that AM had deliberately lied to the Court, entirely for financial gain, that he had not taken any part in these proceedings or offered any sort of apology. The sentence of imprisonment was not suspended, and was to begin immediately.
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