header-logo header-logo

Under surveillance—who’s watching & why?

26 February 2020 / Beth Bell
Issue: 7876 / Categories: Features
printer mail-detail
16645
Beth Bell considers the lawfulness & usefulness of covert recordings in family cases
  • The lawfulness of the recording: can a recording be relied on in court?
  • Will the evidence advance the client’s case?

The issue of obtaining information in a clandestine fashion is not a new one for family law practitioners. It has long been the practice of those experiencing the fall-out from relationship breakdown to access confidential information belonging to their ex, typically in relation to their financial affairs. In this context the law in relation to the historic practices that grew up around the so-called Hildebrand rules have been clarified, most notably in Tchenguiz and others v Imerman [2010] EWCA Civ 908, [2011] 1 All ER 555. A more recent feature of family disputes, and an issue which judges and practitioners are having to grapple with on an increasingly frequent basis, is information obtained by way of covert recording.

This issue is not unique to the family law arena and is being encountered by judges in a variety of contexts: in October 2019, the lawfulness of making covert

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll