£140k claim against council thrown out due to social media exposé

23/11/2018 | DOMINIC BROWNE

A cyclist who tried to sue Cheshire East Council for up to £140,000 by claiming a crash involving an exposed manhole had caused him injuries had his case thrown out after his social media posts told a different story.

Gary Lucking, 44, claimed he had to give up cycling and sell his bike after hitting an exposed manhole, which caused him to suffer a serious fracture and a loss of strength in his elbow, with continuing pain.

However, his own social media posts showed he had subsequently taken part in a charity ride to Blackpool, completed circuit training in the gym, was lifting heavy weights, had been rowing and had competed in a ‘Tough Mudder’ race – described as having the ‘best obstacle-packed course on the planet’.

Dismissing the claim at Crewe County Court, Deputy District Judge Peter Causton described Lucking’s evidence as ‘unreliable, implausible and inconsistent’, saying his credibility had been ‘shot to pieces’ by the social media evidence.

He ordered Lucking to pay the council’s costs, which are yet to be determined.

Cllr Don Stockton, Cheshire East Council cabinet member for environment, said: 'This was a blatant attempt to defraud the council and the borough’s taxpayers with a bogus claim for an accident that was in no way connected with the authority or any defect in the road.

'I agree with our legal representatives, Weightmans LLP, who stated the claim was fraudulent to the core. This case was an example of how local authorities faced significant fraud challenges.'

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