Surveillance video...........

[pimpermole]

My partner is suing her former employers over an industrial injury.
We know that there was a private detective who has filmed her/us on behalf of the employers.
As this is a legitimate claim, the tape can only show her being 'honest' if you like.
Her employers have decided that this tape does not help them (obviously).
Can we ask that the tape be turned over to us ?
After all, they hoped to catch her out and could never have, so surely the fact that she/we didn't know that we were being filmed must give weight to her claim ?
Can our solicitor ask for this evidence with any legal weight behind him.

Thankyou for your replies.

[pimpermole]

My solicitor doesn't know that this tape exists. And neither should I !

[pimpermole]

Hang on mate.
Via a set of circumstances I know that the tape was made. I'm not supposed to know that it was and I may drop someone in it by bringing into the open that I know it exists.

But, since it has been created I wanted to know if we have every right to ask for it. Naturally I don't wanting to be dropping anyone in it unnecessarily.

If anyone here can tell me that we can I shall ring my brief on Monday and tell him that the tape exists. If we can't then there's no harm done.

[pimpermole]

I appreciate that you are tyring to help me Zacmaster but I was hoping if I could establish whether we have a legal right to insist that we could have the tape.
The employers have paid a firm to have the tape made and so, I should think, believe that the tape is their property. Obviusly, they are not going to volunteer something that will not help their case. But now that it DOES exist we want to know whether we can have it to help our case.

If there is nothing that can compel them to hand it over, there will be no point in asking as I'm sure they won't do it just because we ask nicely.

My Solicitor is not available until next week and I am concerned about finding this out before I talk him.

I know it's only a couple of days but we are anxious because this case has dragged on for a couple of years and we have a court date set and there is no sign of an out of court offer........

[pimpermole]

I appreciate that and yes of course, you are right.
I just thought that someone might know if we are legally entitled to ask.
I'll pop back to this question to see if I can get an answer to that question and I will ask my brief his advice next week.
I just wanted one weekend where we may have a less stressfull time with perhaps a bit of good news to tell the solicitor.
It'd make us feel better to know that we have something up our sleeves to wipe the smile off their vicious, lying ******* faces.

[cassa333]

I have no legal response but I would have thought that they (may) now realise they haven't a leg to stand on and pay up accordingly.

They may just wipe it before you get chance to ask for it anyway, especially as it doesn't help them.

Although it doesn't help them the benifit to you would be if they insist that you are still pulling a fast one.

Where/are they trying to make sure it is a lagitimate claim or are they just trying to not pay? Have they said it was a lagitimate accident or not? And mostly what do you feel the intent was/is?

[pimpermole]

Tetjam, you are a bit of a knob, I think.

The tape would prove that my partner, when she doesn't know she is being filmed behaves in accordance with the injuries suffered by her due to her firms negligence.

I don't suppose it goes on for hours, but if it did, then that only gives more weight to our claim.

Our life has been completely shattered by this injury; we're hoping to get our ******* life back, you ****.

I have already explained about our solicitor or were you so anxious to post your ****** message that you didn't read that far ?

Cassa 333, I suppose that they hoped to find my partner doing something that she claims not to be able to do so as to avoid paying.

After 2 operations my partner has been told that she will never completely recover; the injury claim is legitimate, they know that they failed in their duty of care.

[cassa333]

Have you found out if the tape was asked for by the employer or insurance company? Sometimes it has nothing to do with the employer.

Anyway I hope you get what you deserve and can at least try to put it behind you.

[wolf63]

I think that in such cases it is becoming 'normal' for people to be filmed.

Could you not ask your solicitor to ask to see any film evidence that the company may hold. This does not state that they 'know' that it exists thus keeping your source in the clear.

Surely if the ex-employers deny that such a film exists and you can later prove that it does you can use this to your advantage.

Good luck.

[pimpermole]

Good Morning everyone !!!!

Fuck off Tetjam. I wouldn't bother trying to help anyone. You are obviously not up to it. You're too twisted to be of use to people.

Anyway, I rang my Solicitor on Monday and told him about the taping. He was interested and said that he would take advice on the matter.
Yesterday afternoon he was contacted by the employers solicitors with an offer !!!!!
We were so excited that we forgot to ask him about the tape and whether he has asked for it, and whether he thought that if they did ask for it it might have helped.

We now have to have a meeting with him to run through everything, but I think that we may have turned a corner !
After a rotten couple of years I can't tell you how relieved we feel.

Cheers, to all the good and helpful folks on here and 'stick it up your arse' to Tetjam !!

[pimpermole]

It's over.
It's all over.
I can't believe it !
When we went to the brief he went through the offer with us and gave us his advice as to whether we might get more if it went to court. But in all honesty, after all this time, we couldn't afford to take the chance. It was a reasonable offer but we would have liked more (who wouldn't ?) but it's still a pretty impressive wedge to get all at once!
I remembered to ask about the video, too. He reckons that it might have actually swung it for us, in the minds of the employers/insurers, at least.
Made them realise that my lovely partner is not lying or cheating and that if they had just looked after her properly they would not be stumping up this money, or paying our costs.

So thanks, folks. I'll know where to turn next time I have a problem.

Oh and Tetjam You're a weird bloke, But cheers !