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Council uses social media evidence to defeat £140k claim by cyclist

Cheshire East Council used social media evidence to win a case in which a cyclist lied about an accident and tried to gain £140,000 in damages.

The council said the case was thrown out by a judge after cyclist Gary Lucking’s extensive fitness activity emerged on social media and showed he had not suffered the injuries he claimed.

A council statement said Lucking had claimed to give up cycling and sold his bike after hitting an exposed manhole in Middlewich.

He claimed he suffered a fracture, loss of strength in his elbow and continuing pain but his social media posts showed he had subsequently taken part in a charity ride to Blackpool, completed circuit training in a gym, undertaken weightlifting and competed in a ‘Tough Mudder’ race.

The council said Lucking had not hit a manhole but had fallen off when mounting a kerb.

Two members of the public gave evidence that supported the council’s case.

Deputy district judge Peter Causton said at Crewe County Court, that Lucking’s evidence was “unreliable, implausible and inconsistent”, and that his credibility had been “shot to pieces” by the social media evidence.

He ordered Lucking to pay the council’s costs once determined.

Don Stockton, cabinet member for environment at Cheshire East, 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.”

He added: “We, like all local authorities, are required to protect public funds and this sends out the message that we will challenge claims that we feel are fraudulent.”

Cheshire East were represented by national law firm Weightmans LLP.