The Claimant, on her solicitor’s advice, covertly recorded her testing by the Defendant’s neuropsychological expert. Weighing up the factors in favour of admitting the evidence and against admitting it, the judge considered that they were very finely balanced and quite difficult and that he may well have ruled that the evidence could not be relied on, if the Defendant’s expert had not himself inadvertently recorded the testing.

Relevance:      Neuropsychiatry

           Neuropsychology

           Psychiatry

           Psychology

Topics:            Amnesia

         Brain damage

                        Head injury

                        Somatisation

                        Experts’ meeting

                        Exaggeration / dishonesty

                        Neuropsychological testing

“Be sure your sins will find you out”

Relevance: General.

Issues:  Admissibility of covert recording of neuropsychological assessment
             Disproportionate Part 35 questions