The Claimant, on her solicitor’s advice, covertly recorded her testing by the Defendant’s neuropsychological expert. Weighing up the factors in favour of admitting the evidence and against admitting it, the judge considered that they were very finely balanced and quite difficult and that he may well have ruled that the evidence could not be relied on, if the Defendant’s expert had not himself inadvertently recorded the testing.

The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in family law proceedings. The guidance follows an increased use of covert recordings in family law proceedings and the need for clear guidance, and the protection and privacy of those subject to the recording.

“Trust me, I’m a doctor”

Relevance: General.

Topic:  Report drafting (accuracy).

            Covert audio recording of consultation

“Be sure your sins will find you out”

Relevance: General.

Issues:  Admissibility of covert recording of neuropsychological assessment
             Disproportionate Part 35 questions