header-logo header-logo

Civil way: 3 June 2016

03 June 2016
Issue: 7701 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
back-to-top-scroll