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26 February 2020 / Beth Bell
Issue: 7876 / Categories: Features
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Under surveillance—who’s watching & why?

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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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