The Court of Appeal is now considering its judgment and until it gives its ruling, likely to be only a few weeks away, it would be premature to comment upon the issues in the test cases.
AXA however wishes to point out that it has never actively disputed, nor expressed any intention to contest, that a number of personnel at Autofocus acted dishonestly; but it is not for AXA to make or endorse allegations against particular individuals, especially where there are understood to be related criminal investigations. AXA has made it clear from the outset that it would not seek to rely on unreliable telephone rates evidence from Autofocus.
In addition the Court of Appeal repeatedly stressed that, as it cannot make findings of fact, it would not and could not make any comment (still less any finding) on any allegations made by Accident Exchange (AEL) suggesting complicity in Autofocus' conduct on the part of AXA. Indeed, one of the judges stated that “any potential allegation of fraud against a major insurance company such as AXA over such a large number of cases is a very serious allegation indeed and would require a separate and substantial trial”. This would be a matter for another court on another day, if AEL wished to pursue such allegations. AXA robustly denies any such involvement and would vigorously defend any suggestion of wrongdoing or fraud on its part.
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