Page 31 - Combined file Solheim
P. 31

APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
                                                                                              C
                                                                                        PART 6:FINAL HEARING
                        and school fees.  LPJS confirmed the schedule with the Claimant and he did not object to
                        it or refer to the £500,000


                                                          TH
                    5.32  SCHEDULE OF ASSETS & EARNINGS: 20  MAY 2018
                    132.  On 20  May 2018, the Claimant sent an email to MJC from LPJS’s account
                                th
                                                                                               115
                        supposedly attaching a schedule of “Earnings and Assets”. But there was no attachment.
                        MJC spoke on the telephone with the Claimant and told him that:

                                 “Without your input APMS will be let off the hook.  You do realise this don’t you?”.

                        The Claimant responded; “Fuck Anthony!: I will look after Lou and the kids” but agreed that
                        he would write a statement.

                    133.  On the morning of 21  May 2018, LPJS picked up the schedule (Attachment 4) from
                                              st
                        the office in Nutley Place and while on the way to Court for the Final Hearing handed it
                        to MJC. It is a grossly inadequate and misleading document. Some important points will
                        be reserved for cross examination. However;

                            a.  It is not signed, sworn or dated and does not include details of assets or
                                liabilities, income and expenses, as requested. For Court purposes it is useless.

                            b.  The schedule suggests that the NPV of the Claimant’s lost earnings was
                                £2,520,000  for which he received compensation of only £915,000  resulting in
                                                                                            117
                                         116
                                a loss earning amounting to £1,605,000 at age 65. It is wrong and completely
                                ignores any residual earnings

                            c.  The more accurate position indicates that the Claimant “profited” by around
                                £1.5 million from the accident:


                                    Element                    Claimant’s          Actual Position
                                                               statement
                                    Loss of earnings Age 65/60          £2,520,000              £1,056,000
                                    Loss of Licence                       £915,000             £394,936.92
                                    Personal accident claims            £325,194.94          £1,464,458.82
                                    Residual income                             0                £735,072
                                    Net future losses (NPV)          -£1,279,805.16         +£1,538,467.74

                            d.  He states “I loaned Louise £500,000 to be drawn down for living expenses and secured
                                against her equity in Nutley Place.  This was blocked by Anthony Siggers”  The
                                Claimant knew that this was untrue because he had, in effect,  blocked the
                                funds from the outset and APMS’s intervention was of no consequence.

                            e.  It is abundantly clear on the face of the document  that the “loan” was not an
                                                                              118
                                “investment in property” – as now suggested - but was for living expenses.



                    115  Probably so that the Claimant could deny knowledge of it
                    116  To age 65 rather than age 60
                    117  Not specified but net of tax
                    118  Which the Claimant knew was very important for the Court
               Bates Number Bates No031                  25 | Pa ge
   26   27   28   29   30   31   32   33   34   35   36