Video Link Evidence in UK Law

Leading Cases
  • The Queen (on the application of YZ (China)) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 Jul 2012

    The judge stated that in his view the appellant could pursue an appeal effectively from China. He made the plainly valid point that the appellant's partner would be able to give oral evidence in the United Kingdom and that there was no reason to think that the appellant would have any difficulty in communicating with her or in giving instructions to his solicitors. He saw no reason to doubt that it should be possible for the appellant to give evidence by video link.

  • Polanski v The Conde Nast Publications Ltd
    • House of Lords
    • 10 Feb 2005

    It seems to me however that as a starting point it is important to recall that although evidence given in court is still often the best as well as the normal way of giving oral evidence, in view of technological developments, evidence by video link is both an efficient and an effective way of providing oral evidence both in chief and in cross examination. Thomas LJ's opinion was very much to the same effect.

    It is the factor that leaves me in no doubt that the general rule should be that the fugitive's unwillingness to come to this country is not in itself a reason for refusing to allow his evidence to be given through a video conference link. So long as the claimant remains where he is, and irrespective of whether or not the order is made, those processes will be incapable of reaching him if he is a member of that class of fugitives that cannot be extradited.

    But it would be a strong thing indeed to use such case management powers to exclude the admissible evidence of one of the parties on the central facts of the case. It might be grossly unjust to the other party, even contrary to his right to a fair trial under article 6 of the European Convention on Human Rights, to decide a claim principally on the untested evidence of a party who had not been subject to cross-examination of any sort.

  • Kiarie v Secretary of State for the Home Department
    • Supreme Court
    • 14 Jun 2017

    I see no reason in principle why use of modern video facilities should not provide an effective means of providing oral evidence and participation from abroad, so long as the necessary facilities and resources are available. That put the burden on the applicant to make all the necessary arrangements at his own cost, as was arguably appropriate for a party seeking an indulgence to depart from the norm.

  • Polanski v The Conde Nast Publications Ltd
    • Court of Appeal (Civil Division)
    • 11 Nov 2003

    He further stated that in his experience "there is in most cases very little, if any, actual disadvantage or prejudice to either side when [VCF evidence is given by vulnerable witnesses in criminal cases]" and that "the process of cross-examination takes place as naturally and freely as when a witness is present in the court room".

  • (1) Paul Nixon v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 17 Jan 2018

    Furthermore, whilst I appreciate the burden of proof ultimately lies on the Secretary of State, but the evidence that an out-of-country appeal will be ineffective in protecting the article 8 rights of Mr Nixon and his family members is currently weak. There is no evidence that he is in any way constrained from instructing his legal team.

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Legislation
  • Coronavirus Act 2020
    • UK Non-devolved
    • January 01, 2020
    ......) section 63F of the Police and Criminal Evidence Act 1984 (retention of section 63D material); . ...Courts and tribunals: use of video and audio technology Courts and tribunals: use of ... S-53 . Expansion of availability of live links in criminal proceedings 53 Expansion of ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • January 01, 1998
    ...... Rule 8.5 . Filing and serving written evidence . Rule 8.6 . Evidence  -  general . Rule 8.7 ... Rule 32.3 . Evidence by video link or other means . Rule 32.4 . Requirement ......
  • The Court of Protection Rules 2007
    • UK Non-devolved
    • January 01, 2007
    ...... upon matters set out in the document as evidence; . (b) (b) a witness statement; . (c) (c) a ...S-98 . Evidence by video link or other means Evidence by video link or ......
  • Immigration and Asylum Appeals (Procedure) Rules 2000
    • UK Non-devolved
    • January 01, 2000
    ....... (2) A hearing may be conducted or evidence given or representations made by video link or by ......
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Books & Journal Articles
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Law Firm Commentaries
  • Remote Evidence in English Courts: Some Timely Reminders
    • JD Supra United Kingdom
    Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and foreign court approval. The COVID-19 pandemic has (albeit by necessity) ushered i...
    ...Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and ......
  • The perils of giving video evidence
    • JD Supra United Kingdom
    If evidence is to be given remotely, via video link, from another country, be sure to check that this is permitted by the laws of that country. Please see full Publication below for more...
    .... If evidence is to be given remotely, via video link, from another country, be sure to check that this is permitted by the laws of that country. One of the many ways that litigation has been impacted by ......
  • 'SEA WELLINGTON' – Anti-Suit Injunction Is Successfully Upheld In The English Court
    • Mondaq UK
    ...... that it would be prejudiced in adducing evidence because of anticipated difficulties in obtaining ... proceedings in London, and in using video-link evidence. The Defendant in the Commercial ......
  • Difficulties for witnesses or strong connection with another jurisdiction not grounds for resisting arbitration agreement
    • JD Supra United Kingdom
    In circumstances where the parties have already chosen arbitration as a means of settling disputes, the English courts will give short shrift to arguments focused on practical difficulties in provi...
    ...... difficulties in providing witness evidence or on a strong connection between the claim and ... UK visas in the past and their evidence via video-link would be given less weight by the tribunal;. ......
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