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03 June 2016
Issue: 7701 / Categories: Features , Civil way , Procedure & practice
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Civil way: 3 June 2016

Spying tonight; appealing work; & form of the landlord

LATE WATCH

A defendant’s surveillance evidence of the claimant on a personal injury claim may well be allowed in where, on the defendant’s case, it would substantially reduce the award of damages—so long as the claimant has not been ambushed. In Hayden v Maidstone and Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB), a five day trial had been fixed to commence on 11 April 2016. The claimant was after close to £1.5m to include substantial loss of earnings. The defendant’s case was that symptoms were not as significant as she said and her ability to work was not materially affected. It was not until four days between 18 to 24 February and 10 March 2016 that surveillance was carried out following an unsuccessful joint settlement meeting on 29 January 2016. The claimant’s solicitors received the edited surveillance material on 24 March 2016 and the defendant’s solicitors issued an application for permission to adduce six days later which they wanted to be taken at the

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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