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THE PRESIDENT LORD JUSTICE SCOTT BAKER and THE RIGHT HONOURABLE SIR MARTIN NOURSE ____________________
(Transcript of the Handed Down Judgment of Smith Bernal WordwaveLimited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)
Mr T.R. Lamb QC and Mr Ben Leech (instructed by Messrs Curwens) for the Appellant Mr Aidan Casey (instructed by Messrs David Arnold Cooper and Messrs Hay and Kilner) for the Respondent ____________________
As the recorder observed, the insurers did not allege in terms that the claimant's claim was fraudulent. On the other hand, it was accepted by counsel for the claimant in his skeleton argument below that the allegations amounted to allegations of fraud.
Again, he referred to the absence of evidence from Messrs Mumtaz and Ali. In para 37 the recorder said he was not satisfied that the ownership of the Mercedes was ever transferred to the claimant.
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