The Court of Appeal agreed with the defendant that – where surveillance had been obtained of a claimant – the defendant was entitled to withhold disclosure until such time as the claimant served witness evidence. In this particular case there had been a significant delay before the claimant served witness statements which subsequently meant that the surveillance was not disclosed until shortly before trial. The judge agreed that it had been served at the first available opportunity and not in an attempt to ambush the claimant.