16.10.—(1) This rule applies where someone without the court’s permission—
(a)uses a device for recording sound during a hearing; or
(b)publishes a sound recording made during a hearing.
(2) The court may exercise its power to forfeit the device or recording—
(a)on application by a party, or on its own initiative;
(b)provisionally, despite rule 16.2(3), to allow time for representations.
(3) A party who wants the court to forfeit a device or recording must—
(a)apply as soon as reasonably practicable;
(b)notify—
(i)as appropriate, the person who used the device, or who published the recording, and
(ii)each other party; and
(c)explain why the court should exercise that power.
[Note. Under section 9(3) of the Contempt of Court Act 1981(1), the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]