Page 143 - Bundle for MF Final

Bates no 142

APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
c
PART 5:CHRONOLOGY OF INSURANCE CLAIMS

5.20 THE TRIP TO THE HIMALAYAS NOVEMBER 2017
102. In November 2017. the Claimant told LPJS and MJC that he had booked a trip to
climb Ama Dablam 86 , a dangerous mountain in the Himalayas. This was jaw-dropping.
How would anyone suffering from the severe and lifelongtinnitus he claimed do this?

LPJS advised the Claimant to speak to Kingsley Napley. It is not known if he did 87 , but he
cancelled the trip and claimed compensation from Travel Claim Facilities who reimbursed
the policy maximum £5,000 on 15 December 2015 88 • flt is noteworthy that the AIG
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policy covered such contingencies, but the Claimant chose not to trigger i� .j
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5.21 THE IAGO TRAINING COURSE: JANUARY 2018
103. On 5 January 2018. the Claimant enrolled 90 in an IAGO Flight Training course to
th
qualify as a ground training instructor and attended sessions in Hampshire. He had
previously told Kingsley Napley the course was overbooked for two years and therefore
unavailable to him. He bought a new Porsche sports car because he said all of the other
students had one and that he did not want to be the "odd one out". He also said the new
car would save clocking up excessive mileage on his Porsche SUV!.
104. LP JS subsequently learned that the Claimant had qualified as a ground instructor on 18 th
February 201891_

5.22 CLARIFICATION BY THE CLAIMANT: JANUARY 2018
105. The Claimant asked to stay at LPJS's parent's home to study in peace and quiet for the
st
final examination and did so on various nights between 21 January 2018 and mid­
February 201892 . MJC reminded the Claimant that had told Kingsley Napley that he had
no chance of enrolling on the course. or of finding a job as a ground training instructor.
The Claimant said that this was true, but he was "simply going through the motions to get
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Counsel off his back9 "and that "it was something to keep him occupied".
106. While the Claimant was staying at LPJS's parents' home, MJC took the opportunity to
probe and ask why he had refused to clarify whether the £500,000 as a gift or a loan but
could get no answer other than the idiotic and unhelpful statement along the lines of: "it
is what it i.594''. MJC inferred from everything the Claimant said for did not say]that the
£500,000 was most likely a gift; but that the Claimant was having second thoughts.

107. MJC asked whether the Claimant's evasion was because the £500,000 was - in reality­
a loan but that he did not want to admit it and let APMS use his evidence to reduce LPJS's

86 As training for an attempt on Mount Everest
87 There is nothing on Kingsley Napley's timesheets to suggest he did
88 If this case goes for trial an application will be made to disclose this claim. It Is believed the Claimant did not
disclose any pre-existing tinnitus
89 For obvious reasons that he did not want to draw attention to the AIG policy
9 ° For an £18,000 fee
91 It may be significant that he did not announce this or form his consulting company until a�er the Joint Settlement
Meeting In March 2018. However, the qualification date has not been confirmed
9 z It appears he had already passed the examination
93 Implying that he had no chance of passing the examination or of obtaining a job
94 Quotations in direct speech are accurate to the best of MJC's recollection
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