LIVERPOOL VICTORIA INSURANCE CO LTD V YAVUZ AND OTHERS

[2017] EWHC 3088 (QB), High Court of Justice, Queen's Bench Division, Mr Justice Warby, 6 December 2017

Insurance - False statements in connection with claim - Contempt of court - Circumstantial evidence - Civil Procedure Rules, Part 81 and CPR 32.14

The eight defendants had made false statements in connections with claims for three alleged motor vehicle incidents said to form part of a crash for cash scheme. The false statements appeared variously in witness statements, schedules of loss, claim forms and particulars of claim and were supported by statements of truth. The judge held that there was proof establishing that the defendants had knowingly made relevant false statements and that each of them was guilty of contempt of court. Although all the evidence of the insurers as to the alleged crashes was circumstantial, it was beyond sensible dispute that the same person or group of people was behind the taking out of all the insurance policies. The circumstances related to the insurance policies were near-identical. Those who organised the insurance were intent on fraud in the form of third-party insurance claims. That could not be achieved without the knowing involvement of at least some of the defendants, since the nominal policy holders could not be found. For a statement to be subject to content, it was sufficient that it had a tendency to interfere with the course of justice in a material way. Success in that regard was not required.