Elizabeth Murray successfully defends Esure Insurance and secures a finding of fundamental dishonesty against Scott Timlin (“Scotty T”), reality TV star.
The Celebrity Big Brother winner, who originally appeared in ‘Geordie Shore,’ alleged he had suffered personal injury following a road traffic accident in 2020.
Whilst breach of duty was admitted causation was denied. Elizabeth cross examined the claimant as a result of which District Judge Thomas, sitting in Newcastle County Court, concluded that the claim was fundamentally dishonest pursuant to CPR 44.16(1).
In response to questioning Mr Timlin, inter alia, denied ever having suffered a back injury despite his witness statement and medical report stating to the contrary, and was unable to explain the alleged hand injury. DJ Thomas observed, in his judgment, that the recovery period was ‘puzzling’ and it remained a ‘mystery’ what treatment he had received.
Critically the Defendant was able to produce a number of Instagram posts from the Claimant’s account which showed him living a normal and active life and holidaying in Ibiza. Photographs showed him partying, swimming, and diving at a time when he had stated that his symptoms were severe. Mr Timlin asserted that these were old photographs.
As a result of the finding of fundamental dishonesty he was ordered to pay the Defendant’s costs. Elizabeth was instructed by Charlotte Marks of insurance law firm, HF.
The link to Elizabeth’s CV can be found HERE.