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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