22 December Case Updates Celikdemir v PGR Timber Limited & Anor [2025] EWHC 3118 (KB) Covert recording, Neuropsychological assessment, 10. Records Assessments and Site Visits, 11. Report Writing, 12. Responding to questions, Recording Software 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.
22 May News Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning children Covert recording, Family Justice Council 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.
1 March Case Updates McLennan v General Medical Council [2020] CSIH 12 [2020] 4 WLUK 119 Covert recording, Report drafting, Consultation, Doctor, 10. Records Assessments and Site Visits, 11. Report Writing “Trust me, I’m a doctor” Relevance: General. Topic: Report drafting (accuracy). Covert audio recording of consultation
31 December Case Updates Mustard v Flower [2019] EWHC 2623 (QB), 2019 WL 05104326 Covert recording, Neuropsychological assessment, Part 35, 10. Records Assessments and Site Visits, 06. Rules and Regulations, 12. Responding to questions “Be sure your sins will find you out” Relevance: General. Issues: Admissibility of covert recording of neuropsychological assessment Disproportionate Part 35 questions