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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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