Q&As

A respondent to an application for a non-molestation order wishes to contest the allegations. They wish to adduce in evidence a video clip made on their phone to corroborate their version of events but the clip briefly shows the female applicant partially clothed. Are there any rules or special considerations that need to be complied with in order to adduce the video as evidence?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 24/06/2019

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A respondent to an application for a non-molestation order wishes to contest the allegations. They wish to adduce in evidence a video clip made on their phone to corroborate their version of events but the clip briefly shows the female applicant partially clothed. Are there any rules or special considerations that need to be complied with in order to adduce the video as evidence?

In Re B (A Child), Munby P considered an appeal against HHJ Bellamy’s judgment which had attempted to provide guidance as to the use of covert recordings in private law proceedings. It was noted that the issue of covert recordings is becoming ever more common as technology develops and makes it easier to accomplish. While Munby P did not attempt to give comprehensive guidance in his judgment, he noted several considerations (at para [14]), ie that:

‘Whatever the nature of the recording, a number of issues are likely to arise. Again without any pretence to completeness it is obvious that questions may arise as to

(i) the lawfulness of what has been done;

(ii) best practice outside the court room as it were;

(iii) t

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