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The Cambridge Medico-Legal Forum comprising claimant and defendant solicitors and barristers and experts met at Downing College for a dinner to consider the state of the law and practice regarding the use of surveillance evidence in injury and clinical negligence cases.
Marcus Grant was invited to speak about how to deploy and respond to surveillance in the post-Denton age, how to accommodate it within the cost budgeting era, and how to strike a balance between Article 6 and 8 rights when potentially compelling surveillance footage infringes a claimant’s Article 8 rights, or compromises Regulation 11(3) of the SRA Code of Conduct. Consideration of recent case law including the high Court decisions in Samson v. Ali and Hayden v. Maidstone and Tunbridge wells NHS Trust were considered. Jeff Simm of ‘Don’t be watched’ also spoke to highlight many of the abuses in the unregulated surveillance industry and illustrated that due to the power of editing, surveillance is often not what it seems.
A copy of Marcus’s talk is available on request.