Text messages, emails and WhatsApp chats as evidence in UK courts

This article is written by the Eddison Cogan Lawyers team, drawing on experience advising individuals and businesses on disputes where digital communications form part of the factual evidence in civil, employment and family proceedings.

Digital communication as evidence

In modern life, much of what matters is said quickly and informally. Text messages, WhatsApp chats, Messenger conversations and emails have largely replaced handwritten notes, telephone calls and even some face-to-face discussions. Agreements are reached, boundaries are crossed, and relationships change through messages that may feel fleeting at the time.

When disputes arise, however, those same communications often become central. Messages may be relied upon to show what was agreed, what was intended, what was known at a particular point in time, or how a situation developed. In many civil and family proceedings, informal written communications now carry as much weight as formal documents.

Courts in England and Wales increasingly expect parties to rely on digital evidence. Judges are accustomed to reading long message threads and email chains and to weighing them carefully against witness evidence. The key question is not whether messages can be used, but how they will be assessed.

This article explains how UK courts approach digital communications as evidence, the legal principles that apply, and the practical steps individuals and organisations can take to ensure such material is presented clearly, fairly and lawfully.

Why digital communications matter so much in disputes

Digital communications often matter because they capture events as they unfolded.

Messages are usually written close in time to what is being discussed. They can therefore help establish chronology, intention and reaction in a way that later recollections cannot. Courts are well aware that memories fade and become shaped by hindsight. A contemporaneous message can be a powerful counterweight.

In family law disputes, messages may show how separated parents communicate, whether arrangements for children are being respected, or whether harassment or abusive behaviour is occurring. In cases involving allegations of coercive or controlling behaviour, patterns of messaging over time can be especially significant.

In employment disputes, informal communications between managers and staff frequently reveal workplace culture, expectations and conduct more clearly than formal policies. Messages may be relied upon in claims involving discrimination, grievances, whistleblowing or dismissal.

In civil litigation, emails and messaging apps are often used to show whether contracts were formed, whether terms were varied, or whether assurances were given. Courts regularly accept that agreements may be reached through informal channels, even where no formal contract document exists.

At the same time, the very informality that makes messages revealing can also make them risky. Tone is easily misunderstood, context can be lost, and fragments can be presented selectively. Courts therefore approach such evidence with care.

The legal framework applied by courts in England and Wales

Courts assess digital communications using the same fundamental principles that apply to all evidence.

Relevance

Only material that genuinely relates to the issues in dispute will be admitted. Judges will not permit large volumes of messages to be introduced simply to overwhelm the other party or to paint them in a poor light. Proportionality is key.

A short exchange that directly addresses a disputed issue is often far more persuasive than hundreds of peripheral messages.

Authenticity

The court must be satisfied that a message is genuine and unaltered. Questions commonly arise about:

• whether the message was actually sent by the person alleged

• whether it has been edited or selectively extracted

• whether dates and times are accurate

Screenshots may be accepted, but they are easier to challenge than complete records.

Authenticity is stronger where full conversation threads are produced, ideally with supporting metadata or explanations of how the material was preserved.

Reliability and context

Judges are consistently cautious about messages taken out of context. A single angry or sarcastic message may look alarming on its own but may read very differently when placed within a longer exchange.

Courts therefore tend to prefer full threads rather than isolated extracts and are alert to the risk of selective presentation.

Lawfulness of digital evidence

Evidence should be obtained lawfully. Accessing another person’s private accounts without permission may breach the Data Protection Act 2018 or UK GDPR and can expose the person relying on the evidence to criticism or liability.

In some cases, unlawfully obtained evidence may still be admitted, but the court has discretion and may comment adversely on the conduct involved. General guidance on data protection and personal data is available from the Information Commissioner’s Office at https://ico.org.uk.

Text messages (SMS) as evidence

Although messaging apps are now widespread, SMS text messages continue to feature prominently in disputes.

In family cases, texts between parents are often relied upon to demonstrate compliance or non-compliance with arrangements for children, or to evidence harassment. Courts usually prefer to see complete message histories rather than selected extracts.

In employment disputes, texts may record informal agreements about working hours, pay or duties, or reveal inappropriate conduct outside formal workplace systems.

Text messages can be persuasive, but they are also vulnerable to selective presentation. Preserving entire threads, with dates and numbers clearly visible, is important.

WhatsApp and Messenger chats

WhatsApp and Messenger are now among the most frequently encountered sources of digital evidence.

In family disputes, WhatsApp messages may demonstrate repeated abusive behaviour or attempts to control or intimidate. Where authenticity is disputed, courts may expect forensic downloads rather than screenshots alone.

In civil claims, parties sometimes rely on WhatsApp conversations to show that informal agreements were reached. Even casual language can be binding if it demonstrates agreement.

In employment law, group chats have been relied upon to evidence bullying, discriminatory remarks or breaches of confidentiality. Tribunals will assess such evidence carefully, particularly where only fragments are produced.

Because screenshots can be edited, courts generally prefer disclosure of complete conversations or forensic reports where available.

Emails as evidence

For businesses, emails remain one of the most robust forms of digital evidence.

In civil litigation, email chains are routinely relied upon to show negotiations, variations to terms or confirmation of agreements. Metadata such as headers and timestamps can assist in verifying authenticity.

In employment disputes, emails may evidence how consultations were conducted, how concerns were handled, or whether commitments were made.

Although emails are generally viewed as more formal than instant messages, courts still consider the risk of manipulation and expect full chains of correspondence where possible.

Preserving evidence and chain of custody

For digital communications to carry weight, they must be properly preserved.

A clear chain of custody should be maintained, recording who collected the evidence, when it was collected, how it was stored and whether it has been altered. Files should not be renamed or reformatted, and evidence should be stored securely.

In higher-risk cases, solicitors may recommend forensic extraction by experts to reduce the risk of challenge.

Privacy and data protection considerations

Digital evidence must be gathered and used in compliance with privacy law. Individuals should not access another person’s private accounts without authority, even if the content seems relevant.

Employers must balance monitoring workplace communications against employees’ privacy rights and ensure clear policies are in place. Courts are alert to these issues and may exclude evidence obtained improperly.

Practical guidance for individuals

If messages may be relevant to a dispute, it is sensible to:

• preserve full conversations rather than isolated screenshots

• ensure timestamps, names and numbers are visible

• store material securely in its original format

• seek advice before relying on the evidence

Practical guidance for businesses

For businesses, good practice includes:

• clear policies on workplace communications

• training managers on the risks of informal platforms

• early preservation of relevant material

• caution before accessing private employee communications

When early advice may assist

Digital communications often feel straightforward to those involved, but their legal significance is not always obvious. This can be particularly relevant in negotiation and advocacy, where informal communications may shape discussions long before a dispute reaches court.

Early advice can help identify what is likely to matter, how evidence should be preserved, and how it fits within the wider factual picture.

Frequently asked questions

Are WhatsApp messages admissible in UK courts?

Yes. WhatsApp messages can be admitted if they are relevant and properly presented. Courts assess authenticity, context and reliability.

Are screenshots enough?

Screenshots may be accepted, but complete message threads or forensic downloads are often more persuasive where authenticity is disputed.

Can deleted messages still be used?

If lawfully recovered, deleted messages may still be relied upon. Deleting messages once a dispute is anticipated can cause difficulties.

Are emails treated differently from texts?

Not in principle. All digital communications are assessed using the same evidential principles, although emails may appear more formal.

Is it illegal to use someone else’s messages?

It depends on how the messages were obtained. Unauthorised access can raise data protection and privacy issues.

Discussing your situation

Where digital communications are likely to be relevant to a dispute or ongoing issue, it can be helpful to understand how courts in England and Wales may approach them, and how they should be preserved and presented within the procedural framework. The team at Eddison Cogan Lawyers advises on these issues across a range of civil, employment and family matters, and can assist in clarifying what is relevant, what is not, and how best to approach the situation.

The following note is included for clarity and completeness.

This article is provided for general information only and does not constitute legal advice. The law may change, and its application will depend on the specific circumstances of each case. Reading this article does not create a solicitor-client relationship between you and Eddison Cogan Lawyers.