Page 158 - Bundle for MF Final

Bates no 157

c
APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
PART 8: DETAILED COMMENTS
Thus, the "gift" appears to have been motivated primarily by dishonesty advantageous to the
Claimant;

a. To hide the £500,000 from Kingsley Nap ley and insurers;
b. To delay or evade paying Income Tax;
c. To "steal" an interest in Nutley Place without LPJS's permission

But it still satisfies all of conditions to qualify as a gift. An alternative explanation is that the
Claimant genuinely considered his compensation as "ours 158 " but changed his mind after the
Final Hearing when he realised his luxury lifestyle would no longer be subsidised by LPJS and
APMS.
9.1 THE £500,000 GIFT:CHRONOLOGY
168. In the morning of 21 December 2016. Kirsty Allen of Kingsley Napley telephoned the
st
Claimant to tell him that Diamond Insurance had approved a further interim payment and
that the claim would proceed with all speed: subject to further disclosure and verification. � �ff
MV
iu,�\l ;.J
fJ1' I\.
169. Ms Allen is likely to have repeated cautions (which reinforced earlier warnings from
Richard Furniss, of Counsel and by MJC) that Diamond Insurance. having committed to I f� r
another payment. was likely to make detailed checks; including a requirement for full
financial declarations and warranties 159 ;

170. The Claimant had already banked over £900,000 in compensation, but he regarded
the Diamond Insurance claim as "the big one"with a hoped-for windfall of more than
fl .200.000.

171. He was worried that that Diamond Insurance may have been keeping him under
surveillance and had monitored his banking records. checked insurance databases and may
do so again: thereby discovering the AIG compensation and reject his claim 160 • The
Claimant became more anxious and agitated as settlement was delayed. He was not
facing bankruptcy - as he repeatedly told Kingsley Napley - but was rather living a life of
luxury. His lies were in danger of exposure.
172. Soon after Ms Allen·s call 161 , the Claimant and LPJS were in the Nutley Place office. The
Claimant complained about APMS being a "wanker" and "wouldn ·t it be great if we
could free ourselves from his influence··.

173. He continued 162 that he was:

.
.
" . . . . tempted to just pay off your mortgage. as it will free up £1.50()1 63 a month. That
way you won't need anything extra from me each month and you will manage".

158 See paragraph 73
159 This has yet to be confirmed
160 Immediately before he cancelled his trip to the Himalayas he reported seeing someone photographing him in the
garden of Nutley Place. He asked MJC on a number of occasions what checks Diamond Insurance would make on
this claim. MJC told him not to worry and just tell the truth.
161 To be confirmed in a statement
162 While they were both working in the office
163 Suggesting he intended to pay off the entire mortgage
34 I Pa g e