Video Evidence Lacuna

Rall v Hume (CA TLR 14 March)

Neither the Civil Procedure Rules nor the practice directions contain any rule or particular direction as to the use of video evidence as material for cross-examination of the claimant in a personal injury action so as to case doubt upon the claim. It is therefore necessary in the interests of proper case management and the avoidance of wasted court time, that a defendant who proposed to use a film or video recording to attack a claimant’s case, and who was therefore subject to all the rules as to disclosure and inspection of documents contained in CPR Part 31, ventilated the matter with the judge managing the case at the first practicable opportunity.