Jonathan Hayes
The History From 2 men offering everything from process servings, interviews and repossessions. Initially a simple enquiry in Skelmersdale on behalf of a London based agency revealed that insurance companies throughout the UK were paying excessive fees for basic reports with poor quality photographs. The equipment initially used :
Humble beginnings Iron Trades now QBE were the clients and they quickly recognised the need for moving filmed evidence which we offered. Our claims of quality filmed results clearly TOUCHED A NERVE By return post we had the first FIVE instructions. Being ex Police we knew the workings of such an enquiry and the necessary surveillance expertise. However we lacked :- CAMERA EQUIPMENT SURVEILLANCE VEHICLES NECESSARY FUNDS
Problems?..What Problems? We started with :- Hired a Cine Camera used a small hatch back equipped with a box tunnel and a 2 space below the hatch back door.
One of the five jobs was a subject named June Galley This was a very expensive claim even so long ago.
June Galley Claimant : 49 year old female Accident : Fell down a flight of stairs whilst at work and sustained a back, neck and head injury. Disability : Claimed to be confined to a wheelchair, couldn t walk, unable to do any domestic chores and relied completely on her husband. Clients Requirements: Establish the amount of daily care required and levels of movement on a daily basis.
June Galley Initially filmed from car General housework Hoovering Dusting Changing Curtains Later filmed at a local Town Hall assisting husband down a flight of steps. Sadly husband died before the hearing which actually prevented the Judge taking action regarding her perjury as he found against the plaintiff very forcefully.
Stated Case Because of the alarming prospect of surprise evidence it was generally decided to take a test case through the judicial system to agree a working procedure for film productions. -v- McGuiness(1988) In the very early days the Company obtained a film of a man named McGuiness, an employee of Kelloggs in Manchester. It was decided to take this case all the way through the various Courts and to the House of Lords and from this a set procedure for the production of filmed evidence was created.
The Result The presence of film had to be declared in document lists but not the content, but this continued to make the other side very nervous. There is of course detailed references to this decision should you wish to read fully. An Appeal procedure was introduced but even then the decisions differed depending on whether the Judge had previously acted on behalf of the Plaintiff or the Defendant. Certain aspects were tweaked over the following years but this procedure remained until the Woolf Reforms in 1999 also known as the Civil Procedure Rules and even now the basics remain the same, but the content of any film is now always known to the other side well before the court case.
Filmed Evidence Initially cine film necessitating laboratory processing at the Kodak Factory. Our fame was spreading; a client had an expensive claim in Court in 7 days and needed film. A video camera was therefore needed. The subject : suffered a trench collapse and was buried claimed brain damage could not drive had no coordination could not count money We proved he : was a Secretary of a Working Mans Club conducted 3 bank accounts filmed purchasing raffle prizes later filmed nailing glazing panels to the windows of the WMC CASE PASSED TO DWP FOR INVESTIGATION
Surveillance
Surveillance Surveillance in this area of operation is not as simple as it appears. It is not as simple as taking someone from the street, giving them a camera and a vehicle and expecting great results. The ideal source of potential employees are: Police Special Services Royal Marines BUT they are not necessarily good in this area just because of their background BEFORE anyone is EMPLOYED they are tested for aptitude. It is amazing how many people lack in the natural ability to follow someone without being seen.
Following a Subject No Win No Fee Most Subjects today are warned they will be followed, therefore specialist techniques are developed for following even on foot. It is NOT unusual for the Subject to wait around a corner to see if someone is behind them. When following there are at least two vehicles. When the Subject is warned, they are usually looking for a vehicle to follow as soon as they leave their home. The 1 st car remains parked and the 2 nd car takes up the follow and then when out of sight the 1 st car joins back in. We then watch for Anti Surveillance tactics and these are usually spotted at an early stage from years of experience.
Human Rights Act 1998 Which of these are you allowed to film and which ones are you not?
What film is needed? We would normally film exactly what we see and as much of every activity as we can. Whilst following the Subject an operative must have the aptitude to think ahead. Traffic lights and roundabouts can cause problems if you leave too big a gap then it can be filled by a slower vehicle. An operative must have the aptitude to guess when the Subject is stopping and be able to film without being seen.
Human Rights Act 1998 & Regulation of Investigatory Powers Act 2000 (RIPA) When instructed we film exactly what we see and as much of every activity as we can. Due to certain legislation we are told by certain clients what and when we can observe and film. When approaching government departments we are often asked how The Human Rights Act and R.I.P.A. effect us and the way we work? The Human Rights Act is now very much a grey area. Their have now been several stated cases where the use of covert film from inside a private house has been used to defend a fraudulent personal Injury Claim. Jean F Jones - V University of Warwick(2003)
Human Rights Act 1998 & Regulation of Investigatory Powers Act 2000 (RIPA) With this in mind, it is company policy to not attempt to obtain any video footage from inside a private house or dwelling by gaining access without extreme circumstances and prior authorisation from head office and/or the client. Film taken from outside the property on a public footpath or highway is deemed as in the public eye and the usual common sense will hopefully prevail. Code of Conduct
Standard Equipment Each operative is equipped with: Surveillance vehicle it used to be vans but they are now often anticipated Digital video camera Radio all on same channel Mobile phone Camera bag for use in shopping malls, pubs, etc In addition we also have specialist cameras All staff are trained in the operation of all pieces of equipment. It is common for an operative to be a great driver but useless on foot or equally poor with a video camera. They must be fully capable and not a passenger in any area of operation.
Our Team and our Results We all know that there are some genuine Claimants out there but with the present claims culture even they exaggerate the claim and try to show they have a greater level of disability or a greater need for care than is actually the truth. Claimant : 38 year old male Accident : at work Disability : paralysed from the chest down, confined to a motorised wheelchair. Clients Requirements: He was living in temporary accommodation until his bungalow was adapted for wheelchair access and his mobility car arrived. Client requested an update as he had now put a claim in for 24hour 7 day a week care as he was now more active??