Covert recordings in family proceedings (Re B (A Child))

Family analysis: Farooq Ahmed barrister at Westgate Chambers considers the Court of Appeals decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.

Original news

Re B (A Child) [2017] EWCA Civ 1579  [2017] All ER (D) 100 (Oct)

The child was the subject of private law proceedings between her parents. The father in support of his case of deliberate alienation by the mother sought to rely on covert recordings. The judge admitted the recordings but concluded that little weight should be given to them. He made an order dealing with the substantive issues in the case and ordered his judgment be published on the normal terms. The father appealed against the order for publication. There were serious concerns about the judge's approach to covert recordings particularly that his guidance on applying for permission to rely on covert recordings had not been an exercise appropriately undertaken by a circuit judge. Accordingly the Court of Appeal Civil Division allowed the appellant father's appeal to the extent of setting aside the relevant part...

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