Jurisdiction(s):
United Kingdom

Flawed surveillance still admissible; draft expert reports privileged: practical guidance and CPR analysis from Perrin v Walsh [2025] EWHC 2536 (KB) (England and Wales)

Published on: 02 December 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Perrin v Walsh [2025] EWHC 2536 (KB) What are the practical implications of this case?

Where there is proof of egregious behaviour by operatives, the court may decide to exclude evidence that would otherwise be admissible and probative. Defendants intending to rely on covert surveillance must take particular care to ensure that:

all — meaning every last piece — of the surveillance material is disclosed
any edited compilation still contains all footage that is relevant
where the operative possesses relevant, unique knowledge, they provide commentary to supply proper context to what the footage shows
witness evidence is served that accurately sets out the circumstances of all surveillance, explains how or why any gaps arose, and describes the systems used to secure fair capture and appropriate backup

Care should be taken to avoid an expert referring to another expert’s earlier draft report. Although the threshold for obtaining disclosure of that earlier draft is stringent, the risk of a litigation privilege argument is best...

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