In the matter of B (A Child)

In the matter of B (A Child)

The Court of Appeal held that it was inappropriate for a Circuit Judge to issue general guidance on covert recordings in a published judgment, especially without the benefit of full professional argument and outside the established mechanisms for issuing such guidance. The judgment should not be published to avoid confusion and potential misapplication of unendorsed guidance.

Parties
Subject: B (A Child); Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
18 October 2017
Procedural Posture
Family Law Appeal / Appeal From Order of Family Court Regarding Publication of Judgment
Outcome
Appeal allowed in part
Legal Topics
Covert Recordings, Admissibility of Evidence, Judicial Guidance, Publication of Judgments, Transparency in Family Proceedings
Family Law Evidence Covert Recordings Admissibility of Evidence Judicial Guidance Publication of Judgments Transparency in Family Proceedings

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Parties

B (A Child)

Subject

Father

Appellant

Mother

Respondent

Procedural Posture

Family Law Appeal / Appeal From Order of Family Court Regarding Publication of Judgment

Legal Issues

  1. 1 Whether a Circuit Judge in the Family Court can issue general guidance on covert recordings
  2. 2 Whether the judgment containing such guidance should be published
  3. 3 Admissibility and relevance of covert recordings in family proceedings

Ratio Decidendi

The Court of Appeal held that it was inappropriate for a Circuit Judge to issue general guidance on covert recordings in a published judgment, especially without the benefit of full professional argument and outside the established mechanisms for issuing such guidance. The judgment should not be published to avoid confusion and potential misapplication of unendorsed guidance.

Court Disposition

Appeal allowed in part

Orders

  • Permission to appeal granted on the publication issue
  • Order of 23 June 2016 directing publication of the judgment set aside