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20 March 2026 / Stephen Gold
Issue: 8154 / Categories: Features , Procedure & practice , Civil way , CPR , Clinical negligence , Costs
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Civil way: 20 March 2026

Claimants: smile for the camera; costs risks of will challenge; bye bye holiday lets; costs schedules unappealing.

‘WE’RE WATCHING YOU’

Spy on the claimant. Personal injury defendants still do it. Whether or not surveillance evidence will be admitted generally comes down to whether or not it would amount to an ambush. And so it was in the recently decided Middleton v Carnival Plc t/a P&O Cruises [2026] EWHC 235 (KB), in which the defendant was applying to admit under CPR 32.1 (and coming after Perrin v Walsh [2025] EWHC 2536 (KB) concerning the integrity of surveillance footage). In Middleton, following a slip and heavy fall on a wet cruise ship toilet floor, the claimant’s case was that she suffered a high level of disability, primarily as a result of developing a functional neurological disorder. Judgment had been entered in her favour with a 5% contributory negligence concession. She was after £10.2m. The defendant valued her claim at no more than £25,000. The defendant’s case

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MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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