KB-2023-000278 - [2025] EWHC 2536 (KB)

The current edited footage is not fit for purpose. I therefore direct that the parties are to agree a new compilation of edited footage that can be placed before the experts and trial judge. Should there be an inability to reach such agreement, I will hold a further hearing to make any determinations required, albeit the parties are reminded of CPR 1.3 and there may be costs consequences that follow should a party take an unreasonable stance.

The Claimant must be given an opportunity to file witness evidence in response to the surveillance evidence once the edited video is agreed upon. Such evidence need not be limited to her; she should have permission to file witness evidence from her husband and mother, if so advised; the Defendant conceded as much during the course of the hearing.

The surveillance footage must not be provided to the medical expert witnesses until the Claimant has filed any further witness evidence that the Court gives permission for. Such witness evidence must be sent to the medical experts alongside the agreed edited footage. There should be permission for the medical experts to provide supplemental reports that address the surveillance evidence.

Due to the hearing being taken up with the parties’ lengthy submissions dealing with the two issues that this judgment addresses, amongst others, I was unable to hear submissions as to the Defendant’s application to amend her Defence. Should that application be contested, I will deal with that application at the case management hearing listed on 10 October 2025.

On a separate but related point, since the hearing of these applications, the Defendant has filed with the Court several documents from TSG regarding its processes. I understand that this satisfies some, if not all, of the Claimant’s requests in relation to such disclosure. I have not reviewed these documents in the preparation of this judgment as I do not believe that they will materially change the issues before me. A draft of this judgment was provided to counsel ahead of handing down and thus no doubt this paragraph will have been noted. If either party suggests that the newly disclosed material changes any of the issues before me, I expect the parties to bring that to my attention ahead of the formal handing down of this judgment.