Q&As

What are the provisions that govern whether evidence consisting of covertly made recordings may be admissible within private law proceedings under the Children Act 1989?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 02 May 2025
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The law relating to the recording of conversations between private individuals and the use of those recordings in court proceedings is a developing area. As a matter of first principles, there is no offence committed where an individual covertly records a conversation with another individual. The Regulation of Investigatory Powers Act 2000 (RIPA 2000) applies to public bodies but not to individuals. Likewise, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, SI 2000/2699 apply to businesses in respect of the recording of conversations without notice to the person being recorded or in certain specified exceptional circumstances. Recordings may also be breach of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). In M v F (Covert Recordings of children) , Peter Jackson J (as he then was) commented that the exemption within the legislation applying to normal domestic use may not apply to recordings processed for

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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United Kingdom

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