- Surveillance and trial by ambush
- Original news
- What were the key issues considered in this case?
- What are the common issues in relation to surveillance evidence in personal injury claims?
- Did the judgment help clarify the law in this area? What are the remaining grey areas?
- What will likely happen next in this case?
- What should lawyers advising in this area take from the case? What should they advise their clients?
Personal Injury analysis: In Hayden v Maidstone and Tunbridge Wells NHS Trust the court allowed the defendant’s application for the late introduction of surveillance evidence. Giles Mooney, barrister at 9 Gough Square Chambers and counsel for the defendant in the case, considers the case in more detail and concludes that defendants seeking to rely on surveillance footage should ensure that footage is obtained early in proceedings and disclosed well in advance of any trial date.
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