FOIL Update – Mustard v Flower

• FOIL
• FOIL Ireland
• FOIL select
• London FOIL

The case of Mustard v Flower & ors has generated considerable interest and comment from all quarters. A Master has admitted into evidence covert recordings made by the claimant during her medical examinations by the defendant’s experts. This ruling applies also to a recording made by the claimant of her neuropsychological assessment by the defendant’s expert, part of which the expert knew was being recorded but part of which was recorded inadvertently, when the claimant intended to stop recording but failed to do so. The claimant made no recordings of her examinations by any of her own experts. The Master was critical of the claimant’s actions but nevertheless concluded that, in the light of the overriding objective, the probative value of the recordings weighed in favour of them being allowed in evidence.