Rall v Hume [2001] EWCA Civ 146 – Law Journals

Case Report: Hayden v Maidstone and Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB)

Late surveillance footage; disclosure; fraud; expert evidence; adjournment ‘The suggestion that there should regularly be a date for the production of surveillance evidence is one to which the claimant’s advisers should give serious consideration.’ This case is an important illustration of the tension between the imperative of procedural discipline on the one hand and the …

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Surveillance: Someone is watching you

Sandra De Souza reviews recent case law and insurers’ willingness to reopen cases where fraud is suspected ‘Clients should be informed at an early stage that if they are caught performing an action that is inconsistent with their witness evidence, their claim will be affected and, in the worst case, they will be found guilty …

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Surveillance: Are you being watched?

Patrick Vincent and Tom Banks analyse the effect of costs budgets and the new case management powers ‘The principle that defendants ought to be able to gather surveillance without telling the claimant is impossible to reconcile with advertising the existence of surveillance in a budget forecast.’ Surveillance is a familiar battleground for PI lawyers. But …

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Surveillance: I spy with my little eye

Sandra De Souza considers the issues that surveillance causes for claimants Insurers are increasingly relying on video surveillance. This is especially true if the claimant’s injuries are significant, or where issues of malingering or fraud are raised. With an increase in social networking over the years, personal injury claimants are under more scrutiny then ever. …

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Evidence: Problem issues and problem clients

Lisa Sullivan and Martyn Mcleish offer practical tips on how to navigate claims where allegations of exaggeration may arise ‘The defence operates as a rule of public policy by which an otherwise perfectly proper claim will not be allowed to proceed or a particular head of loss cannot be recovered because it offends public conscience …

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