Page 163 - Bundle for MF Final

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APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
PART 8: DETAILED COMMENTS
• Refused to write or speak to Barclays asking them to release the funds or expressing an
interest in it;

• Signed a false and possibly perjurious certification on at least four iterations of the
schedule of claim;

• Refused to attend Court to make any claim to an interest in the £500,000 or to submit
a sworn statement to the same effect;
• Failed to claim on the AIG policy for £95,000 in legal fees so that it would not come
to the attention of Kinglsey Napley;

• On 27 of January 2018 told Kingsley Napley he had put £250,000 straight into his
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mortgage account and that was why he was broke. He could not admit the truth that
£500,000 had been deposited without exposing the AIG compensation;

• Attend court to remove the block

194. The Claimant refused to give evidence in the Final Hearing of LPJS's divorce most
likely because he did not want to disclose the AIG payment or that he had any interest in
the £500,000. His failure to give evidence was a factor in the Court concluding that the
£500,000 was a gift (and thus LPJS's asset) and cutting her maintenance support from
APMS.

10 CALCULATION OF RESIDUAL INCOME

The Claimant maintained - against the strongest advice of Counsel - that It would be Impossible
for him to find alternative employment at more than £30,000pa 179

195. The Cirencester Friendly policy required the Claimant to mitigate its losses by finding
alternative employment and offsetting any residual income from his alleged losses. It was
irrelevant whether or not the residual income was lower than his monthly compensation
under the policy: it was not within his power to decide whether or not he should accept
new employment 180 • It was a condition of the policy and an obligation.

196. At a conference with Counsel on 13 June 2017, the Claimant said;
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"I spoke to easyJet and CTC. EasyJet said that if I went to ground school then they
might use me in 2 to 3 years. CTC and Oxford training said that they have courses
booked out by part-time pilots and that the market Is saturated.... I don't want to give
up Cirencester for an income that is not guaranteed".

197. In January 2018. the Claimant enrolled for the course with IAGO. Kingsley Napley and
Counsel believed at the time that the reason the Claimant had made no effort to find new
employment was because of the Cirencester Friendly policy.

179 This was the baseline for calculating residua/ earnings for Ogden calculatlon purposes.
180 It was an obligation under the policy
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