Evening Standard

Chronicall­y fatigued banker wins right to £2.4m as judge accepts ‘good and bad days’

- Tristan Kirk Courts Correspond­ent Alistair Foster

A HIGH-FLYING banker whose career was wrecked when he was struck by chronic fatigue can claim up to £2.4 million after judges rejected claims he was faking his condition.

Charles Miley, 52, has been plagued by crippling tiredness, leaving him unable to work since 2009.

The former triathlete, who had a £ 1 3 0,0 0 0 -a-ye a r exe c u t ive rol e a t investment bank Piper Jaffray, began claiming money in 2009 from an insurance policy set up by his employer to cover 75 per cent of his wages when he was unable to work. But in September 2013 Mr Miley was accused by insurers Friends Life of faking his condition and exaggerati­ng symptoms, and was confronted with covert footage of him propping up the bar at a “beer festival”.

Friends Life said its investigat­ion had unearthed evidence of Mr Miley socialisin­g and taking holidays at times when he said he was unable to work, which it said proved he had given a “deliberate­ly false” account of his condition.

However, Mr Justice Turner rejected the insurer’s claims in 2017, saying Mr Miley has “good days and bad days”.

Lord Justice McCombe, sitting with Lord Justice Moylan and Lord Justice Haddon-Cave, yesterday rejected an appeal by Friends Life. The judge said Mr Miley was not a “cheat” as suggested, and he had given the court an honest account of his life. He said: “It seems to me to be impossible for Friends Life to contend that Mr Miley had made any positive misstateme­nt of material fact, either fraudulent­ly or innocently.”

At the 2017 hearing,

Mr Miley, from Rugby in Warwickshi­re, gave evidence that he had reached an all-time low in 2010 when he was so ill he often could not leave the house. “My wife, Rachel, would be out in the garden if it was a sunny day and call me outside, and I wouldn’t be able to do it,” he said.

“There were times when I could barely speak.”

Friends Life pointed to holidays in Southampto­n, Norfolk, France and skiing trips as signs Mr Miley was exaggerati­ng the effect of his condition. It also shot covert footage of Mr Miley, who had been the head of institutio­nal equity sales at Piper Jaffray, drinking and socialisin­g with friends.

But Mr Justice Turner said Mr Miley has “good days and bad days”, adding: “Any bad days are likely to have been those upon which he did not venture out of the house and were thus not captured on video.”

Under the terms of the insurance p o l i c y, Mr Mi l ey c a n c l a i m u p to £2.4 million if the fatigue condition stops him from working up to the age of 65. The three judges in the Court of Appeal unanimousl­y dismissed Friends Life’s challenge to the original court ruling.

 ??  ?? THE Jonas Brothers called up their significan­t others including Sophie Turner and Priyanka Chopra for their first release in more than five years.Game Of Thrones star Turner, engaged to Joe Jonas, and Nick’s new wife Chopra featured in an extravagan­t video for the song Sucker, along with Kevin’s wife Danielle. It takes place in a lavish mansion, with scenes including Turner sporting a top hat while sitting on a throne surrounded by rabbits.Chopra is later filmed riding a bike through the grounds with a fantastica­l headpiece, top right, while Turner, top, takes a bath outside and then wields some shears.Sucker sees brothers Kevin, 31, Joe, 29, and Nick, 26, reunited for the first time since 2013. Actress Chopra shared the video, calling it “a fun family affair.”
THE Jonas Brothers called up their significan­t others including Sophie Turner and Priyanka Chopra for their first release in more than five years.Game Of Thrones star Turner, engaged to Joe Jonas, and Nick’s new wife Chopra featured in an extravagan­t video for the song Sucker, along with Kevin’s wife Danielle. It takes place in a lavish mansion, with scenes including Turner sporting a top hat while sitting on a throne surrounded by rabbits.Chopra is later filmed riding a bike through the grounds with a fantastica­l headpiece, top right, while Turner, top, takes a bath outside and then wields some shears.Sucker sees brothers Kevin, 31, Joe, 29, and Nick, 26, reunited for the first time since 2013. Actress Chopra shared the video, calling it “a fun family affair.”
 ??  ?? Honest account: Judges found Charles Miley had not lied
Honest account: Judges found Charles Miley had not lied

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