Marciniec (Marcin) v Gruszczynski (Arkadiusz) and AXA Insurance Limited
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 16 December 2013 |
| Neutral Citation | [2013] NIQB 147 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 16 December 2013 |
| Year | 2013 |
1
Neutral Citation No. [2013] NIQB 147 Ref:
GIL9083
Judgment: approved by the Court for handing down Delivered:
16/12/2013
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
_______
BETWEEN:
MARCIN MARCINIEC
Plaintiff;
-and-
ARKADIUSZ GRUSZCZYNSKI
and
AXA INSURANCE LIMITED
Defendants.
________
GILLEN J
[1] This is an appeal from a decision of Deputy County Court Judge Gilpin at
Ballymena County Court sitting on 20 May 2013 when he dismissed the plaintiff’s
case which was for personal injuries loss and damage arising out of a road traffic
accident on 26 July 2011 caused by the first named defendant (an unrepresented
litigant in this case) who was insured by the second named defendant. AXA’s
defence was to the effect that the claim was fraudulent in that the purported
accident was a “staged” collision designed to set up a dishonest insurance claim and
that the plaintiff had been knowingly complicit in that fraud.
The plaintiff’s evidence
[2] In the course of evidence before me the plaintiff made the following case:
• He was a married man with a young daughter who has been living in Antrim
for some years and is of Polish extraction. He is a man of good character with
no criminal convictions.
• On 26 July 2011 he was driving a Ford Focus which he informed me he had
bought from a workmate some time before.
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