R v Richard Wellock and Sons Limited
Henry Vanderpump, instructed by Laura Murphy at Farleys Solicitors, successfully defeated a last-minute application to rely on surveillance footage and secured judgment for £119,000 on a 100% basis after a two-day trial before HHJ Dodd at Burnley County Court.
The Claimant relied on the case of Hayden v Maidstone and Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB), arguing that the surveillance was ‘too little too late’. If the Court allowed the surveillance, the trial would have to be vacated, and rebudgeting would be necessary; new statements and expert comment would be required.
The Court found that the Defendant had not been straightforward with the Court about the effect of introducing the surveillance at a late stage. The case is a good example of the benefits of resisting pressure from insurers to discontinue or accept low settlement proposals based on weak surveillance evidence.
