Using email as evidence in UK courts
7 minEmail as documentary evidence
Under the Civil Evidence Act 1995, hearsay evidence — including email — is admissible in civil proceedings. However, the court must be satisfied that the document is what it purports to be (CPR 32.19). This means someone must authenticate the email.
In practice, this usually means a witness statement saying: "I received this email on this date from this address, and this is a true copy." But if the opposing party challenges the email's authenticity, you need more than a witness statement.
The problem with printed or forwarded emails
A printed email or a forwarded copy is just text. The sender's name, the date, even the content can be edited before printing or forwarding. Courts have noted this in several reported decisions.
What courts look for is some form of independent verification — something that goes beyond the assertions of the party relying on the email.
How DKIM verification helps
A DKIM verification report from SelfCheck can serve as supporting evidence that:
This does not replace a witness statement, but it provides independent, technical corroboration that the email is genuine and unaltered.
What to include in your bundle
Limitations to state honestly
DKIM verification does not establish that the sender is who they claim to be (only that the email came from that domain), that the content is true, or that unsigned portions of the message were not changed. A responsible submission states these limits.
SelfCheck is operated by HandyHope CIC, a UK community interest company registered with the ICO (ZB993576).
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