King's / Queen's Bench Division of the High Court
KB-2023-000278 - [2025] EWHC 2536 (KB)
Fecha: 09-Oct-2025
Conclusions
Conclusions
The parties are invited to agree a draft Order that encapsulates the rulings that I have made above. Should any element of that Order not be capable of agreement, I will deal with it at the hearing listed on 10 October 2025. The parties are reminded of the obligation pursuant to CPR 1.3 to assist the Court with furthering the overriding objective, particularly in the circumstances of this case where there have been several applications and cross applications made, which has called on a not insignificant amount of the Court’s resources.
- Heading
- His Honour Judge Grimshaw
- ISSUE 1: SURVEILLANCE EVIDENCE
- The law relating to surveillance evidence and the exclusion of such evidence
- Is the surveillance evidence of probative value?
- The allegations made by the Claimant
- Editing of the footage
- The obtaining of the footage and ‘missing’ footage
- The issue of discrepancy in timing and the evidence of Mr Trofin
- Retention of SD cards
- Should the surveillance evidence be excluded?
- Consequential directions
- ISSUE 2: DISCLOSURE OF DR MULLIN’S DRAFT REPORT
- The law relating to disclosure of draft expert reports and instructions to experts
- Analysis
- Conclusions