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PI Brief Update

Tort of deceit and recovering exemplary damages - Morgan Davies, Horwich Farrelly

14/05/20. Morgan Davies, Fraud Partner at Horwich Farrelly, looks at the case of Advantage Insurance Company Ltd v Junior Elliot, an examples of successfully defending a claim for the tort of deceit and recovering exemplary damages.

Summary of the case

Horwich Farrelly, working on behalf of Hastings Direct has successfully defended a resulting in a court ordering a dishonest claimant to pay over £27,000 to Advantage Insurance Company Ltd (Advantage) following his failed attempt to defraud them out of thousands of pounds for a fabricated road traffic accident. Succeeding in their claim for the tort of deceit, the judge also awarded £10,000 for exemplary damages.

Case Background

The case centred around an accident that was reported to have occurred on 17thJanuary 2017. The claimant, Mr Elliot, claimed that Advantage’s alleged insured had pulled out from a side road into the path of his correctly proceeding vehicle. Mr Elliot made claims for vehicle damage, recovery and storage, credit hire and personal injury...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.