Use Of Covert Recordings In Civil Litigation

In these days of almost everybody having some form of recording media (such as a mobile phone) within constant reach, we regularly find that parties to litigation try to rely upon the content of discussions that have been recorded by one of the parties to a conversation without the knowledge or consent of the other. Indeed in the current coronavirus enforced lockdown parties regularly communicate by video conferences which are easily recorded at the touch of a button.  Whilst such covert recordings can certainly have their uses, reliance on them has to be treated with a degree of caution.

Whilst in civil proceedings, the Court does not have a specific power to exclude evidence on the ground that it was improperly or unlawfully obtained, it does have a discretion to exclude evidence to ensure that cases are dealt with fairly.