Surveillance Evidence in Personal Injury Claims - Navigating the Issues

Introduction

Revealing surveillance evidence is something every claimant injury lawyer dreads and every defendant injury lawyer hopes for. It remains the single most dramatic piece of evidence to either discredit or give validity to a claim. A dishonest claimant can face consequences leading to findings of fundamental dishonesty, contempt of court and imprisonment.

This virtual classroom seminar will take you through the fundamental rules enabling you to navigate this critical evidence. It will also deliver hands-on-advice on both obtaining and avoiding surveillance evidence and the courts’ stance on expert covert recordings.

In particular, there will be a focus on the most up-to-date caselaw, including from November 2023, the case of QBE UK Limited v Mark Raymond Hilton in which the claimant was found to be fundamentally dishonest and resulted in a finding that he was in contempt of court and sentenced to imprisonment.

In addition, this live session will deal with the use of covert recordings to challenge the impartiality of defence experts, resulting in issues regarding admissibility of such evidence and ultimately to the discrediting of these experts, thereby providing invaluable guidance on the use of experts for both claimants and defendants.

Delegates will be able to discuss their own experiences and ask questions throughout this interactive session.

What You Will Learn

This live and interactive course will cover the following:

• Current practices and tactics adopted in injury litigation
• A summary of the up-to-date rules relating to admissibility and disclosure
• Counter evidence and approach at trial
• What the court has said in the current leading cases, including QBE UK Limited v Mark Raymond Hilton
• The balance of interests and implications for claimants and defendants
• Costs and ancillary consequences
• Practical real world considerations
• An overview of the covert recording of defence expert examinations

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.