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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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