Dawid Masel v Esure

(2016)

Barrister: Ben Handy
Areas of Law: Personal Injury
Summary: Ben was instructed by Horwich Farrelly solicitors in order to defend this claim on behalf of the defendant insurer, Esure.

The trial took place on the 21st April 2016, the claimant claimed that he had been injured for a total of four months following a minor car accident with Esure’s insured driver. Investigations by Esure and Horwich Farrelly uncovered a publicly-available video on YouTube in which the claimant took part in, and won, a ‘Total Full Contact’ kickboxing fight within a month of the accident. The Judge watched all six rounds of the contest, during which she commented that the claimant looked “a picture of health”.

The claim was dismissed, and the defendant successfully argued that the claim was fundamentally dishonest. The claimant lost his costs-protection and the Judge ordered him to pay the defendant’s costs, which were assessed on the indemnity basis.