header-logo header-logo

Under surveillance

05 May 2011 / Lisa Sullivan
Issue: 7463 / Categories: Features , Fraud , Personal injury
printer mail-detail

The court’s decision in Noble v Owens illustrates why judgments are and should be final, says Lisa Sullivan

Once the trial is over and time for appeal has expired, judgment is final and parties to litigation, winners or losers, can get on with their lives. Or can they? In Noble v Owens [2011] EWHC 534 (QB), Direct Line tried, for the first time, to use surveillance evidence obtained after trial to overturn the damages award made at trial. It failed. Other than the obvious interest in the outcome of the trial as a test case for this sort of litigation, the decision is interesting in that it illustrates why judgments are and should be final.

Background

In September 2003, Mark Noble suffered serious injuries to his pelvis, left leg, both arms and spine in a motorcycle accident. In March 2008 he was awarded damages of £3.397m following a trial lasting nine days. Field J found that Noble could not walk unaided outside the house. With crutches, he could walk about 75–80 feet. Otherwise he was

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll