Excluding video evidence obtained by the Defendant in a clinical negligence claim



Wilcox v Kings College Hospital NHST [2020] 9 July, Lambert J: The Defendant applied, after the date ordered for service of witness statements, for permission to rely on Video evidence of surveillance of the Claimant.  The Claimant objected on the grounds that the video evidence raised no real issues, was manipulated by multiple “on/off” cuts and would increase the length of the trial. Deputy Master Bard excluded the evidence and on appeal Lambert J upheld the decision ruling that applying the proportionality test the video evidence did not amount to much more that pictorial representation of what the Claimant had said he could do in his witness statement. Appeal dismissed with costs.  Andrew Ritchie QC represented the successful Claimant instructed by Stewarts Law, London.

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