It may seem an invasion of privacy, but surveillance evidence in personal injury cases is commonplace. Whether the defendant is trying to prove that a claimant is exaggerating their symptoms or even making the whole injury up - secretly videoing a claimant going about their daily routine, is allowed.
Defendants often wait until the last moment before disclosing such videos to the claimant - usually in the hope that the claimant is caught on camera doing something they said in their witness statement that they could not do!
Recently, one of our clients, who suffered a serious injury at work, won a very important High Court ruling regarding the late disclosure of surveillance evidence – in fact the evidence was disclosed so late by the defendant that the 5 day trial, booked in the High Court in London, had to be cancelled!
As part of the footage, our client was observed undertaking her daily routine which included being followed and filmed whilst she drove her children to school, chatted with friends in a coffee shop and pushed a trolley down the aisles of a supermarket. This surveillance was recorded without our client’s knowledge and despite the accident having taken place several years before.
The Judge heavily criticized the defendant for “poor litigation behaviour” and penalised them to the tune of over £30,000! This case sends a warning message to all defendants and their legal representatives regarding the late disclosure of video evidence.
For FREE advice on any serious injury claim, please contact Jacqueline Hardaway or a member of our personal injury team on 01825 762281 or firstname.lastname@example.org