Council secures fundamental dishonesty finding after social media posts show “injured” golfer playing competitively

A golfer who made a claim against a council for an injury that allegedly kept him playing golf for a year has been ordered to pay £11,000 in costs after images posted to his social media account showed that he had continued to play the sport at a competitive level.

The golfer alleged that he injured his back and elbow when he slipped on a churchyard pathway.

When he tried to play again three weeks after the incident, he said he experienced so much pain that he decided to quit for around one year.

In a statement detailing the case, Deans Court Chambers, wbose Oliver Carr acted for the council, said evidence obtained by the council demonstrated that the man had posted on his social media account photographs of him playing golf on a nationally famous course and commenting that he had "nailed a drive" within one week of his alleged accident.

The social media evidence demonstrated that the man had continued to play golf - sometimes competitively - consistently over a year following the accident.

He discontinued his claim after being served the evidence, but the council applied to list the discontinued claim for a final hearing to make a determination on the issue of Fundamental Dishonesty, pursuant to Paragraph 12.4 (c) of Practice Direction 44.

Paragraph 12.4 (c) says:

In a case to which rule 44.16(1) applies (fundamentally dishonest claims) –

(c) where the claimant has served a notice of discontinuance, the court may direct that issues arising out of an allegation that the claim was fundamentally dishonest be determined notwithstanding that the notice has not been set aside pursuant to rule 38.4;

The council's application was successful, and the court made a finding of fundamental dishonesty at the ensuing hearing.

"The Court found that the Claimant had significantly exaggerated his injuries, and further that he had concealed both a previous back injury and a relevant previous claim from his medical experts," Deans Court Chambers said.

As a result, the golfer was ordered to pay the council's costs of more than £11,000 on an enforceable basis.

Adam Carey