In recent years, courts have increasingly recognised social media posts as a valuable source of contemporaneous evidence in personal injury cases. These posts are often used to verify or challenge claims or defenses, providing insights that can reinforce or undermine a party's credibility. While medical records, expert reports, and witness statements remain critical, social media offers a candid, real-time glimpse into a claimant’s life, potentially exposing inconsistencies in physical or psychological injury claims.
As highlighted by the healthcare team in the Keoghs London Market Report, a noteworthy example is the recent case of Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB). The claimant alleged that negligent surgical treatment in April 2017 had caused permanent damage to his left arm, rendering him unable to work or engage in activities such as rugby, weightlifting, and routine household tasks. He sought damages of £580,000.
In July 2019, the NHS trust made an interim payment of £40,000 based on medical evidence. However, as the case progressed, the defendant uncovered social media posts from the claimant which directly contradicted his claims, showing him playing rugby, lifting heavy weights, and performing manual labour just months after the alleged injury.
The trust raised a defense of fundamental dishonesty, prompting the claimant's solicitors to withdraw their representation. The claimant then ceased pursuing the case. Despite his absence, the trial proceeded, and the judge dismissed the claim, deeming the claimant fundamentally dishonest. The judge noted that the legitimate value of his injuries, absent dishonesty, would not have exceeded £5,000.
Subsequently, the trust applied to the High Court for the claimant's committal for contempt of court. The High Court concluded that the claimant knowingly provided false statements to mislead the court. As a result, Mr Murphy was found in contempt and sentenced to eight months' imprisonment.
The Murphy case underscores the importance of social media evidence in litigation. Had the claimant not posted on social media, their case might have succeeded, particularly since the interim payment was made based on medical evidence.
That said, such evidence is not without limitations. For instance, videos or photos can be pre-recorded and uploaded post-incident, creating a misleading impression that injuries have healed. While the date of posting can be verified, the recording date often cannot, making it difficult to confirm when content was filmed.
Additionally, online connections such as friends or followers are not always reflective of real-life relationships, as a party might falsely claim a connection to strengthen their case. Photos and videos can also be edited to exaggerate or conceal injuries, presenting a distorted reality. Social media evidence must be carefully scrutinised to ensure reliability and accuracy.
If social media evidence is to be used in a claim, then it has to be obtained lawfully. Publicly available posts are generally admissible, however evidence acquired through deceptive means, such as creating fake profiles, can have serious repercussions.
The case of Jones v University of Warwick highlights this issue where evidence was obtained by deceitfully gaining access to the claimant's home under false pretenses. While the evidence was admitted, the defendant faced cost penalties for unethical conduct. Although the case of Jones is unrelated to social media or personal injury claims, it serves as a reminder of the importance of lawful evidence collection to avoid similar consequences.
As social media increasingly acts as a public diary, litigants must exercise caution in their online activity. Posts can be scrutinised and used as evidence to support or refute claims. Both claimants and defendants should be mindful that the reliability and integrity of such evidence, along with the legitimacy of its collection, will play a significant role in court proceedings.
Stella Chereshneva, Case Handler - Healthcare
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