Question 1 of 10

A claimant driver is bringing proceedings against a defendant driver following a road traffic accident. The defendant has admitted liability and the claim is proceeding in relation to quantum only. The accident was captured on video by another driver who provided a copy of the video to the claimant, but the claimant deleted this by error before the proceedings started and does not have the contact details of the party that originally captured it. The court has ordered standard disclosure. Which of the following best explains why the claimant is not obliged to disclose this video to the defendant?