Surveillance Evidence in Personal Injury Claims - Current Rules, Case Law & Tactics

Introduction

With an increasing appetite on the part of the court to punish fundamental dishonesty, surveillance evidence has never been a more telling weapon in a defendant’s arsenal.

Critical surveillance evidence can make or break a claim and knowing the procedure and practical tactics in dealing with this has never been a more fundamental part of being an injury lawyer, no matter what side of the fence you are on.

This webinar examines the critical case law, plus the most up-to-date cases, covering procedure and consequences.

This webinar will also look at the considerable benefits in the use of covert recordings to challenge the impartiality of defence experts, resulting in issues regarding admissibility of such evidence and ultimately to the discrediting of these experts, thereby avoiding potentially serious prejudice to the claimant.

What You Will Learn

This webinar will cover the following:

• Current practises and tactics adopted in injury litigation
• A summary of the up-to-date Rules relating to admissibility and disclosure
• Counter evidence and approach at trial
• What the court has said in the current leading cases, including:
• Basir v Larizadeh and Williams-Henry v Associated British Ports - proving fundamental dishonesty
• QBE UK Limited v Mark Raymond Hilton - surveillance supporting contempt of court
• O’Connell v Ministry of Defence - removing QOCS protection
• Perrin v Walsh - flawed surveillance
• Kerry Middleton v Carnival PLC (t/a P&O Cruises) [2026] - late surveillance
• Morris v Williams - how courts treat credibility related evidence
• Mustard v Flower - covert recordings
• Muyepa v Ministry of Defence - surveillance proving wholesale fabrication
• Molodi v Cambridge Vibration Maintenance Service - exaggerated whiplash claims
• The court’s ultimate sanctions for fundamental dishonesty and fraud
• The balance of interests and implications for claimants and defendants
• Costs and ancillary consequences
• Practical real-world considerations
• The future: AI-enhanced surveillance and the 2026 digital disclosure landscape
• An overview of the covert recording of defence expert examinations

This pre-recorded webinar will be available to view from Friday 23rd October 2026

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.