Re M: K v L & Anor

Re M: K v L & Anor

Intimate images, whether still or moving, should only be admitted into evidence if strictly relevant and necessary to the factual issues to be determined. The court must undertake a balancing exercise between the parties’ rights to a fair hearing and the need to protect vulnerable witnesses from unnecessary trauma. Participation directions are required for vulnerable witnesses, and unnecessary or irrelevant questioning about sexual history is prohibited. Previous judgment and transcripts tainted by procedural unfairness are excluded from the trial bundle.

Parties
Applicant/father: K; Respondent/mother: L; Child: M (by her children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
29 April 2022
Procedural Posture
Private Law Children Proceedings / Case Management Judgment Prior to Rehearing of Fact Finding Hearing
Outcome
Case management directions issued; no final determination of substantive allegations.
Legal Topics
Case Management, Intimate Images, Vulnerable Witnesses, Domestic Abuse, Participation Directions, Evidence Admissibility
Family Law Child Law Case Management Intimate Images Vulnerable Witnesses Domestic Abuse Participation Directions Evidence Admissibility

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Parties

K

Applicant/father

L

Respondent/mother

M (by her children’s Guardian)

Child

Procedural Posture

Private Law Children Proceedings / Case Management Judgment Prior to Rehearing of Fact Finding Hearing

Legal Issues

  1. 1 Admissibility and management of intimate images in private law children proceedings
  2. 2 Appropriate participation directions for a vulnerable witness alleging domestic abuse
  3. 3 Relevance of sexual history evidence

Ratio Decidendi

Intimate images, whether still or moving, should only be admitted into evidence if strictly relevant and necessary to the factual issues to be determined. The court must undertake a balancing exercise between the parties’ rights to a fair hearing and the need to protect vulnerable witnesses from unnecessary trauma. Participation directions are required for vulnerable witnesses, and unnecessary or irrelevant questioning about sexual history is prohibited. Previous judgment and transcripts tainted by procedural unfairness are excluded from the trial bundle.

Court Disposition

Case management directions issued; no final determination of substantive allegations.

Orders

  • Intimate images to remain in the bundle but only viewed if essential; parties to produce a schedule describing and justifying relevance of each image.
  • No intimate images to be viewed in open court with all parties present; only advocates and solicitors to view such material.