Bodybuilder Punished For Being Koi With The Truth About Pond-Fall Injuries

Bodybuilder Ben Bardsley, a company director and gym owner, has been found fundamentally dishonest in relation to a fraudulent claim he made against a Warrington-based supplier of fishponds.

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Mr Bardsley brought a personal injury claim against Warrington Koi & Aquatics after an accident while the company was digging a pond for his Koi carp in his back garden in Stockport. When inspecting the works on 17 July 2015, Mr Bardsley was struck by the bucket of the digger and knocked into the pond. He claimed to have fallen with his arms outstretched, causing injury to his neck and back and subsequently suffered psychological injuries.

Mr Bardsley sought to recover damages and costs in excess of £40,000. Specifically, he claimed in medical evidence that he was unable to lift weights and became anxious of heights as a result of injuries he had sustained.

Insurer Aviva, which represented the pond supplier, instructed law firm Clyde & Co to investigate the suspicious claim. The law firm uncovered a wealth of evidence that Mr Bardsley had continued to lead an extremely active life - holidaying shortly after the accident, partying, and weightlifting.

Amid a vast array of social media posts, it was shown that Mr Bardsley had continued to lift enormous weights following the accident. One such post was even published on the day he attended a medical examination for, at which it was noted that 'ongoing symptoms prevent him from performing activities that involved lifting'.

Mr Bardsley claimed he was anxious of heights but had posted on social media a video of him on a 33m-high water slide in Benidorm. The slide is known for being the world's highest capsule waterslide, yet Mr Bardsley displayed no anxiety whatsoever.

Recorder Hartley QC, sitting at Manchester County Court found Mr Bardsley had been fundamentally dishonest and noted it was 'inconceivable this type of activity [weightlifting] lived in the same world' as the restrictions described in the medical report.

With regards to Mr Bardsley's activities on the waterslide, Recorder Hartley stated the 'idea someone would undertake this would struggle with heights is nonsense'. In conclusion, Recorder Hartley QC stated that Mr Bardsley wasn't straight with the medical experts or the court 'and when faced with this he should have withdrawn his claim immediately'. Mr Bardsley was ordered to pay the costs of his claim, expected to be in excess of £14,000.

Damian Rourke, partner with law firm Clyde & Co...