Attique Denzil v Usman Mohammed & Anor
[2023] EWHC 2077 (KB)
Tekle Senay & Anor v Mulsanne Insurance Company Limited
24 May 2024
[2024] EWCC 12
County Court
A taxi driver's personal injury claim was found to be dishonest. The question was whether his other claims (for car damage etc.) also had to be thrown out. The judge decided only the dishonest claim was thrown out because that's what the law actually says, even though some judges previously thought differently.
Key Facts
- •Road traffic accident involving Mr. Senay (taxi driver) and Mr. Obadi (passenger) vs. Mulsanne Insurance Company.
- •Liability admitted for the accident.
- •Claims for personal injury, vehicle damage, recovery/storage, credit hire (Senay), and personal injury (Obadi).
- •Finding of fundamental dishonesty against Mr. Senay regarding his personal injury claim.
- •Dispute regarding the effect of section 57 of the Criminal Justice and Courts Act 2015 on Mr. Senay's non-personal injury claims.
- •Lack of clear binding authority on the interpretation of section 57 in this context.
Legal Principles
Section 57 of the Criminal Justice and Courts Act 2015 governs the dismissal of personal injury claims in cases of fundamental dishonesty.
Criminal Justice and Courts Act 2015, Section 57
The interpretation of statutory provisions should consider the ordinary and natural meaning of the words used. If ambiguous, Parliamentary materials may be considered (Pepper v Hart).
Pepper v Hart [1993] AC 593
Outcomes
Mr. Senay's personal injury claim dismissed due to fundamental dishonesty.
Section 57 of the 2015 Act, as interpreted by the court, only mandates the dismissal of the 'primary claim' (personal injury claim), not other related claims.
Mr. Senay's claims for vehicle damage, recovery/storage, and loss of use are successful.
The court found that Section 57 does not extend to the dismissal of claims other than those directly related to the personal injury claim found to be fundamentally dishonest, which are considered distinct heads of loss stemming from the same breach of duty.
Mr. Obadi's personal injury claim successful; awarded £5,575.
Not explicitly discussed in detail; presumed based on successful claim.