Probative value of covert recordings

Mustard v Flower [2019] EWHC 2623 (QB)

Covert recordings of medical examinations of a personal injury claimant by the defendant’s experts were admitted in evidence, as the judge considered that they were highly relevant and of probative value. A large number of Pt 35 questions put by the claimant to the experts appearing for the defendant was disallowed where the questions were wholly disproportionate, overwhelmingly not for the purposes of clarification, and amounted to cross-examination.