What role does social media play in this?
There are several ways in which a Claimant’s social media can be used by the Defendants as evidence that they are exaggerating or lying about their claim. A significant example of this is Susan Sanderson & Others v Sonae Industria (UK) Ltd [2015] EWCA 2264 (QB). This was just one of thousands of claims brought against Sonae Industria following a catastrophic fire in 2011. In this particular case, the Claimant had asked someone on Twitter whether they had “jumped on the Sonae claim bandwagon”. He used the hashtag #showmethemoney and boasted that he would use the money from the claim to pay for a holiday. As a result, his claim was dismissed as fundamentally dishonest.
Another example is Rothoe v Bedford Hospitals NHS Trust [2017] EWCH 863 (QB), where the Claimant posted a picture of herself on Facebook at a restaurant despite earlier stating that she was unable to leave the house following her accident.
Since these contradictory social media posts are evidence of fundamental dishonesty, there is a duty placed on Claimant solicitors to preserve and disclose them during the course of litigation. Therefore, it is not a case of simply deleting them. Steps must be taken by Claimants to monitor their social media at an early stage.