How you can win a court case?
In the latest episode of Titan PI TV, Simon Henson, Managing Director of Titan Private Investigation Limited, delves into a question that resonates with many: “How do you win a court case?” Broadcasting from the heart of Derby, Henson offers a rare glimpse into the operational realities of a live investigation agency, sharing professional insights, real-world case studies, and practical advice for anyone facing legal proceedings.
The Foundation of Success: Evidence
Henson wastes no time in addressing the crux of the matter. “The best way to win a court case is to gain evidence,” he asserts. Whether you are embroiled in an employment dispute, a family matter, a civil disagreement, or even a criminal case, the outcome often hinges on the quality and admissibility of the evidence presented. And when it comes to gathering that evidence, Henson is unequivocal: “Hire a reputable private investigator.”
But what does this process look like in practice? And how can individuals ensure they are working with a trustworthy professional in an unregulated industry? Henson’s episode provides a comprehensive roadmap.
When Legal Disputes Arise
Legal disputes can arise in a multitude of contexts. Henson outlines several common scenarios that frequently escalate to court:
- Employment Tribunals: Disputes between employers and employees, often over issues such as absenteeism or misconduct.
- Family Cases: Divorce proceedings, particularly those involving the division of assets or questions of cohabitation.
- Civil Cases: Disagreements between private parties, such as property disputes or breaches of contract.
- Criminal Cases: Defending against criminal charges, where the stakes are often life-changing.
Each scenario presents unique challenges, but the underlying principle remains the same: robust, lawfully obtained evidence is paramount.
Employment Tribunals: The Cost of Absenteeism
Henson begins with employment tribunals, a common battleground for business owners. Absenteeism, he explains, can “eat through businesses like a cancer.” When one employee is seen to be exploiting sick leave without consequence, it can quickly erode morale and productivity across the workforce.
To combat this, Titan deploys surveillance operatives to monitor and record the activities of the employee in question. “We would deploy two surveillance operatives to watch, monitor, and record covertly the employee’s movements during the working day,” Henson explains. This surveillance typically spans an entire working day, with operatives gathering imagery and detailed observations of the individual’s activities, associations, and body language.
The findings are meticulously compiled into a comprehensive report, fully admissible in court due to the lawful methods employed. “If it does go to court, how to win it or how to stop it going to court, have the evidence in the first place,” Henson advises.
Family Law: Proving Cohabitation
Family law cases, particularly those involving divorce and the division of assets, often hinge on questions of cohabitation. If an ex-partner is living with a new partner, their income may be considered when splitting marital assets—a fact that can significantly impact the financial outcome.
Titan’s approach involves “cohabitation surveillance.” Operatives discreetly monitor the address in question, documenting the comings and goings of the individuals involved. “We will remain there until the lights go out at the address and remain there half an hour beyond that to show that no one’s left and all the vehicles remain in situ,” Henson details. The process is repeated over several days, ensuring the evidence cannot be dismissed as a one-off occurrence.
This method has been tested in court and has proven effective in influencing the division of assets. “This has been tested in court and proves cohabitation and does affect the fallout of assets,” Henson confirms.
Civil Disputes: The Power of Surveillance
Civil cases can be as varied as the disputes themselves. Henson recounts a recent case involving a client who had sold houses on his land, granting access through his business premises. The new homeowners, however, were using the access road for more than just entry—walking their dogs and causing disruption to the business.
Titan’s solution was a blend of technology and human expertise. “We deployed drop-down cameras initially to find out the routine of when the individual or the subject is trespassing,” Henson explains. Once the routine was established, rural operatives—experts in covert surveillance in countryside settings—were deployed to gather further evidence and confirm identities.
The result? The client prevailed in court, thanks to the irrefutable evidence provided by Titan. “The reason they won at court is because we had the evidence. So you need to get the evidence,” Henson reiterates.
Criminal Defence: Uncovering the Truth
Perhaps the most high-stakes cases are those involving criminal charges. Titan is often engaged by the defence, working independently of the police or Crown Prosecution Service. Henson shares examples ranging from harassment and antisocial behaviour to murder and rape trials.
In harassment cases, static surveillance is used to document the behaviour in question, capturing imagery and identification of those involved. In one murder trial, Titan’s analysis of CCTV footage demonstrated that it was possible for the perpetrators to enter and exit the property without being seen, supporting the client’s defence that he was merely hiding in the house.
In cases of wrongful accusation, such as rape, Titan conducts thorough background searches and evidence gathering to establish the facts. “You really do need to get the evidence if you want to stay out of court or if you end up in court, you want to win,” Henson emphasises.
Choosing a Reputable Private Investigator
With the importance of evidence established, Henson turns to a critical question: how can you ensure you are working with a reputable private investigator in an unregulated industry?
He offers a checklist for due diligence:
- Professional Memberships: Look for membership in recognised bodies such as the Association of British Investigators (ABI) or the Institute of Professional Investigators (IPI). “If they’re a member of those, they’ve had to go through a selection panel and they’ve had to earn their place as a full member,” Henson notes.
- Data Protection Registration: Ensure the investigator is registered with the Information Commissioner’s Office (ICO), demonstrating compliance with data protection laws and GDPR.
- Insurance: Professional indemnity and public liability insurance are essential. “If they haven’t got insurance, they’re definitely going to be a cowboy or cowgirl outfit,” Henson warns.
- Background and Experience: Investigate the background of the individual or company. Are they ex-police, ex-military, or have they completed professional qualifications? Longevity and stability, such as a long-standing company name, are positive indicators.
- Company Records: Check Companies House for the company’s history. Frequent dissolutions and new incorporations are red flags.
- Reviews and Reputation: Consult Google reviews and, with caution, Trustpilot. Genuine feedback from previous clients can provide valuable insights.
Henson’s advice is clear: “Not until you’re completely happy do you pick up that phone or fill in a contact form or e-mail them to make sure that it’s a reputable company.”
The Takeaway: Evidence is Everything
As the episode draws to a close, Henson reiterates the central message: the key to winning a court case—or avoiding court altogether—is having the right evidence. Whether you are a business owner, an individual navigating a divorce, or someone facing criminal charges, the support of a professional, reputable private investigator can make all the difference.
“That’s how I would win a court case or not have to go to court in the first place because you’ve got the correct evidence,” Henson concludes.
Stay Tuned to Titan PI TV
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