golf

They both took a good shot.


Clyde & Co has recovered £323k in defence costs after a clinical negligence claimant was secretly filmed playing golf.

An unnamed claimant alleged that she had suffered issues following gastric banding surgery in 2005, and sued the surgeon and the NHS trust that had cared for her. The woman said that she had faced significant limitations on her activities and diet due to her bowel problems. She claimed that she suffered from fatigue, reduced mobility, and required substantial care and support with most daily activities such as cooking and cleaning. She also said she was unable to work and had travel phobia.

When the defendant's experts examined her, she walked with assistance from her husband and said that she spent most of her time in bed.

The woman claimed damages totalling almost £2.6m which included £867k for future care, £487k for aids and £857k for past and future loss of earnings. 

Clyde & Co represented the Medical Protection Society, which indemnifies practitioners, in its defence against the claim. The firm obtained video surveillance footage, which recorded the claimant demonstrating a golf swing in a car park for some time and swinging a golf club with apparent ease whilst she underwent a golf lesson.  Footage also revealed the claimant moving in and out of her car without evidence of difficulty, and carrying a large golf bag full of clubs.  

Investigators also trawled through the internet and discovered the claimant was the chair of a golf club and had a handicap of around 22.  And that she had played in at least three golfing competitions since 2022.

Clyde & Co, with lead partner Louise Jackson, submitted that the claimant had been "fundamentally dishonest" in bringing the claim.

The claimant discontinued the case just five days before the first day of trial. Clydes pursued costs, and the claimant agreed to pay a whopping costs bill of £323k, to avoid the trial, with £100k being paid upfront.

Alison Munro, of the Medical Protection Society, said that its "robust approach" was in the interest of its members, "and clearly demonstrated that we will take every opportunity to deter fraudulent and exaggerated claims."


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Comments

Anonymous 14 June 24 08:56

The legal effort was to endlessly farm the internet for incriminating photos and pay £1000s to some guy to sit in a car with a camera to catch her out. It worked.   Great detective work.

Sack of potatoes 14 June 24 09:44

At the start of my career I did a bit of personal injury work and we used an investigator firm for this kind of work. 

We had one case where a bloke was claiming that he had injured his back at work and couldn't lift anything.  Investigators sent pretty female investigator to his door pretending to want to speak to his wife about testing cosmetics.  Gets chatting, says they also do food products and she has a sack of potatoes left over in the her boot of her car that he can have if he likes.  Bloke says, yes please, proceeds to lift the sack of spuds out of her boot and then continue chatting with her for some minutes.

All of this is video recorded.  In the WP meeting, played the video and followed it up with, "Shall we give you a few minutes with your client?"

Anonymous 14 June 24 10:02

"Investigators sent pretty female investigator to his door"

Ha ha, what a chump.

Everyone knows that all door to door salesmen are sweaty middle-aged men with a faint whiff of desperation about them.

Should have recognised this from a mile off.

re: sack of pots 14 June 24 10:42

that sounds like an urban myth but i did hear  similar kind of stories in my BLM days  when the covert surveillance industry was less regulated.  i don't think that would be allowed today.  Insurers spend lots on CCTV and sometimes only get 3 minutes of footage which is neutral at best.  Here Clydes got lucky with the footage as they had a rather  stupid / greedy claimant. 

Anonymonio 14 June 24 11:25

Anon 08:56 - what does it matter how thwy did it? Surely winning the matter expediently is all that matters?

Anon 14 June 24 11:53

When I was a trainee, our firm was defending a PI claim by a woman who claimed she had been injured on holiday.  As the trial neared, she disclosed that her partner ran line-dancing classes, and occasionally she was well enough to sit at a table and take the money at the entrance.  Three of us were dispatched to South London one Tuesday evening to take a look for ourselves.  Got there, and found she was on the stage at the front as the freaking instructor.  

Client was so pleased with our work that we each got a £50 M&S voucher when it settled.  

 

anonymous 14 June 24 12:43

And the famous cross examination

A 'Now I can't get any of my arm above shoulder height'

Q 'How far could you get it before the accident?'

A (stretching arm loads above head) 'Oh, right up here..' 

 

Sumoking 14 June 24 15:38

is this just an advert? 

how much did Clydes pay you knock up an AI image and slap their press release on it

Anon 14 June 24 20:24

Maybe Clydes should use the investigator to hunt high and low for any money they might have made from murdering BLM?

 

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