Page 133 - Bundle for MF Final

Bates no 132

APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
c
PART 5:CHRONOLOGY OF INSURANCE CLAIMS
5.4 REQUEST FOR ADVICE:lO TH JUNE 2014
45. The Claimant asked MJC for his opinion on his agreements with Kingsley Napley. On 10 th
June 2014, MJC sent the Claimant a note and discussed it with him; emphasising. among
other things. the importance of;

a. Ensuring that easy Jet and "all of your existing insurers are happy with your
approach";

b. Absolute honesty with his legal advisers and insurers and transparency, especially
over causation and loss quantification;
46. MJC cautioned the Claimant that insurance companies were flooded with false claims
31
and would check his very carefully: possibly including surveillance, pretext and
undercover enquiries, declarations on oath, financial research, lie detection analysis 32 ,
internet research and insurance database checking but that he had "nothing to worry
about if he told the truth". MJC and LPJS were worried that the Claimant's attitude and
aspirations for wealth and a career break would tempt him to exaggerate his claims.

5.5 INTERIM PAYMENT: JULY 2014
47. It now appears that in July 2014 the Claimant:

a. Told Kingsley Napley that he was worried about alleged tinnitus and asked for an
interim payment 33 :

b. Is believed to have purchased a Loss of Licence policy from Hiscox Underwriters
Ltd with monthly premiums deducted from his payslips. It is not clear 34 whether he
told Hiscox about his pre-existing tinnitus.

5.6 RETURN TO WORK: OCTOBER 2014 TO OCTOBER 2015
rd
48. On 3 October 2014, the Claimant was declared fully fit, his licence was reinstated and on
14 October 2014 he returned to operational duties. He submitted two or three routine
th
fatigue reports in April 2015 and like many of his colleagues, found easyJet's rota system
difficult to handle.

49. On 19 May 2015, Diamond Insurance admitted liability. This appears to have been the
th
trigger that caused the Claimant to decide that he would maximise his damages and give
up flying "to have a career break----- and some fun".

SO. In June and July 2015, the Claimant filed further fatigue reports and in June 2015 was
examined by Dr T.E Mitchell 35 and in October 2015 by Dr Benjamin 36 of the Civil Aviation
Authority (CAA). Neither considered the Claimant's injuries to be serious or career
threatening. This is not what he wanted to hear.

31 Subsequently reinforced by Kingsley Napley and Richard Furniss of Counsel
32 Which many insurance companies and loss adjusters use very successfully
33 This was the first time tinnitus had been seriously raised
34 But not yet verified
35 Who reported mild tinnitus
36 Who subsequently reported to Diamond Insurance that "in his practice of 300-400 medical assessments a year
he had not encountered any pilots who were declared long term unfit due to tinnitus"
9IPage