I have a client whose HR mob has stopped following a fraud investigation including video evidence. I seem to recall that there was some controversy about the admissibility of video evidence and the ECHR.

Does any one have any ideas?

If you go to the search facility of Rightsnet and search for Video Evidence in the discussion forum there's loads of info there.

Does this CD kind of cover the situation you have in mind?

R(DLA) 04/02 (aka CDLA/2037/2000 - ?paras 7-10?) - available on the Commissioner's site - www.osscsc.gov.uk

Regards

Well, I was hoping for something a little more helpful to my client, but that certainly seems to clear it up.

Thanks for your help.

I'm afraid that I cannot recall the name of hte case off the top of my head but there was a recent judgement, H of L or ECtHR that concerned a case with video evidence in a PI claim. The defendant insurance co got access to the claimants home by deception and then furtively obtained video evidence of the claimant performing tasks that seemingly proved that her claim was exagerated.

The claimant argued that hte evidence was not admissable because it had been obtained by an infringment of her Human Rights (Private and family life). The court ruled that the evidence WAS admissable in light of the overriding objective in CPR part 1 but that rights under the convention should be considered and weighed up against the need to do justice. Contrary to popular belief there is no general law in the country that makes improperly obtained evidence inadmissible.

If I come across the name of the case again in my travels I will post it up.

Beg my pardon, it was actually the Court of Appeal. The citation is:

Jones v University of Warwick <2003> EWCA Civ 151, <2003> 1 WLR 954

You can find it BAILII with the followinglink:

http://www.bailii.org/ew/cases/EWCA/Civ/2003/151.html