Has the admissibility of covert digital recordings tipped the balance in favour of the claimant? Nicola Laver reports

Simmering tensions as to the lawful admissibility of covert recordings and the dubious means by which they may have been obtained rose to the surface in the autumn, following a ruling that was cause for alarm among many in the profession.

The High Court ruled that a claimant’s covert recordings of medical examinations by medical experts was admissible as evidence, while calling them “reprehensible”.

Probative value

Audio and video recordings are digital documents for litigation purposes and often prove the best evidence to support a claim. And thanks to the ubiquitous smartphone, making a digital recording is easier than ever before.

Unlike digital recordings, the quality of rel...

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