Civil way: 3 June 2016

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