Recording of proceedings from abroad

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    Recording of proceedings from abroad

    The recording of proceedings without permission of the court is banned in the UK and it is a criminal offence according to Section 41 of the Criminal Justice Act 1925 and Section 9 of the Contempt of Court Act 1981.

    However, if the hearing took place remotely in a foreign country far away how can this prohibition be enforced because the jurisdiction is different and UK law does not apply to foreign countries and the offender does not live in the jurisdiction?

    The proceedings could be a witness giving evidence from abroad or a full hearing being conducted from abroad

    #2
    UK law applies everywhere.
    Enforcement might be an issue, though.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      I am not sure that UK law always applies abroad because there could be the issue of whether or not something has been committed which is illegal in both countries.

      The issue is complicated by the fact that the other party resides in a country which is very far away from the UK which is not a democracy and where transparency and rule of the law is not the same as in the UK.

      There is also the issue that the hearing will not be conducted from an embassy , a consulate or a court abroad.

      Nothing prevents the other party to come to the UK to conduct this hearing in the UK.

      Hence, I would like to know if in these circumstances the British court has a duty to request that the other party come to the UK to conduct this hearing in the jurisdiction of the UK

      Comment


        #4
        Originally posted by progress View Post
        I am not sure that UK law always applies abroad because there could be the issue of whether or not something has been committed which is illegal in both countries.
        That's just a matter of jurisdiction and practicality.

        The issue is complicated by the fact that the other party resides in a country which is very far away from the UK which is not a democracy and where transparency and rule of the law is not the same as in the UK.
        Again, that's a matter of practicality.
        If someone is in a country that doesn't wish to cooperate with British law, there's not much that a British court could do about it.

        Nothing prevents the other party to come to the UK to conduct this hearing in the UK.

        Hence, I would like to know if in these circumstances the British court has a duty to request that the other party come to the UK to conduct this hearing in the jurisdiction of the UK
        A court can issue such a request, but they can't enforce it without the cooperation of the authorities wherever the person is resident.
        A court isn't likely to do that with anything that isn't criminal, though.
        The court can also decide to proceed without someone being present or make a decision by default.

        It doesn't have any "duty" to do any of those things.

        If you want some actual help, you're going to have to give more detail (and you need to remember that this is a forum for landlords and tenants, not offering specialist legal advice.)

        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Whether or not what happened should be illegal in both countries is an issue of law and not only of ‘practicability’.

          I have not expressed myself properly. My question is not if a British Court can request that a defendant living abroad has to attend a hearing in the UK because it is can the British court decide that this hearing will take place in the UK and it will be up to the Defendant to decide if he comes to the UK to attend this hearing or is represented.

          I feel uncomfortable with the possibility of a video of myself being in country far away about which I would not have any control.

          I have issued a claim in the British Court about something which happened in the UK against a Defendant which address is in the UK so I can maybe expect that the full hearing will be conducted entirely from the UK to be sure that no video of my me will be abroad

          Comment


            #6
            If you have issued 'a claim' in a British court against a British resident the the court will be held in Britain and you or your legal representative will have to attend.
            Otherwise the case will most likely be found against you in the abscence of you or your legal representative.

            It is now possible to 'attend' some courts by video link if the court allows.

            You don't have to give evidence, by video or in person - that is entirely your choice.

            As the person bringing the claim don't expect any success if you refuse to provide the evidence that a cout asks for.

            Br aware that 'Britian' is more than one country and that a different legal system and different laws may apply depending on just which country.

            Comment


              #7
              There has been a confusion, it is the defendant who is abroad me I am in the UK

              Comment


                #8
                It is important to say that the Respondent itself which is a company is located in the UK but its representative which is its director is located abroad so it should be up to the Respondent to choose a representative who is in the UK

                Comment


                  #9
                  Previously the Defendant had a representative in the UK but it has changed it by a new representative i.e. its director which is located in a foreign country.

                  Hence, the only reason why the Defendant wants that the hearing is conducted from this foreign country is because its new representative is located in this foreign country but the Defendant itself, which is a British company, is located in the UK and not in this foreign country. Hence, the Respondent should choose a new representative which is located in the same country as it

                  Comment


                    #10
                    If you're going to take legal action against the company, you get to decide where the legal action takes place.
                    If the courts think that the issue took place outside their jurisdiction, they will decide that at some point.

                    If someone from outside the UK makes an appearance via video link, you should be able to either leave the court so you can't be seen or heard over the video link, or you could explain the issue to the judge so that they could make sure you were not visible.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      There is no doubt that the legal action took place within the juridiction of the UK

                      I will not be able to leave the court not be heard or seen over the video link because it is the full hearing which last one day which willl take place remotely from this foreign country

                      Comment


                        #12
                        I think that you are confusing everyone here.

                        A UK court cannot sit in a foreign country, that would be outside it's juristiction.

                        However it is possible nowadays for a person to 'remotely attend' a court, even from outside the country, but the court is still held in the UK.
                        https://www.pinsentmasons.com/out-la...endance-abroad

                        Is your concern that the attendee in a foreign country may record the court procedings over the video link?

                        The judge can and will set conditions forbidding that, and if the conditions were broken it would be contempt of court.
                        Just how much use that would be when the comptenor is abroad is another issue, which I'm guessing is your concern here?

                        All you can do is talk to the court before the hearing and set out your objections, stating that you believe the procedings will be recorded.
                        That does risk the situation that the hearing may not be able to go ahead.

                        Comment


                          #13
                          I would like to know also if there could be an issue with the quality of the communication if the Respondent's representative is in the other side of the world

                          Comment


                            #14
                            Of course, there could be.
                            Anything is possible.

                            I think you should try and get some help from experts and not landlords and tenants.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment

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