Defendant's own YouTube posts provided evidence of contempt: Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) - Philip Matthews, Temple Garden Chambers
20/08/24. This case, an application for committal for contempt of court, is noteworthy for the extent of evidence which came from the Defendant himself in the form of social media (YouTube) posts.
Facts
Mr Murphy was the claimant in the underlying clinical negligence action against the Trust. He alleged breach of duty in surgical repair of a left bicep tendon rupture in 2017. He claimed that he had suffered permanent damage to his left arm, which rendered him unable to return to work as a builder and incapable of playing rugby and lifting weights. He claimed past loss of earnings of £109,000 and future losses of £356,562.
The Trust argued fundamental dishonesty and sought dismissal of the claim. Mr Murphy Defendant did not attend the hearing. The trial judge ordered the repayment of an interim payment and awarded the Trust its costs on an indemnity basis.
Subsequently, the Trust brought contempt proceedings against Mr murphy.
Judgment
Mould J found the contempt allegations to have been proved to the criminal standard.
In his assessment of the evidence, particular attention was paid to the Defendant’s social media activity (not least the fact that he had posted a video of himself lifting...
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