united-kingdom evidence family-law
Can an email to a 3rd party be admitted as an evidence in the court? (Family Law UK)
<p>I am the applicant. Yesterday in the position statement of the respondent there was the following statement:</p>

<blockquote>
  <p>“There is now produced and shown to me marked JS1 a true copy of his email to my friend dated 8th October 2018”</p>
</blockquote>

<p>I do not know which email the position statement is referring to (it wasn’t presented to  me).</p>

<p>Can such thing (I will not call it evidence) be admitted in the court?</p>

<p>I have certain views about privacy and confidentiality, as well as family law system in the UK that operates as secret courts. I treat all my communication as public (don’t trust my device, don’t trust internet provider, don’t trust my browser) and yet I cannot understand why a 3rd party communication should matter to the court in any way?</p>

<p>The main question remain valid - is it legally valid to include a correspondence to a 3rd party in the position statement?</p>

<p>I don’t understand why you think this is a “3rd party communication” - as I read it it says it’s an email from you. You are most definitely not a third party. Notwithstanding, communication between 3rd parties is not prima facie excluded. For example, correspondence between your company and your accountant (who are both third parties) is likely to be <em>extremely</em> relevant to a family law case.</p>

<p>Assuming that it is relevant (which is hard to say without context) and that it doesn’t fall foul of one of the evidentiary rules (hearsay, opinion, privilege etc.) there is no reason why it wouldn’t be admissible.</p>
