Covert Recordings in an E.T. - issues of admissibilty

[elche]

I know you CAGGERS love info on the relevance and admissibility of covert recordings in ET's (are you all really sneaky?). So with this in mind, I thought I would share this post that landed in my inbox today.

 

Not my summary, all thanks for the content go to a company that is a professional information provider.

 

I have no doubt that google + the case name will yield even more.

 

Where a party to employment tribunal proceedings wishes to rely on covertly made recordings, an application for their admission into evidence will not succeed if unsupported by the recordings themselves and transcripts of them, as without that material an employment tribunal cannot adjudicate on their relevance. However such recordings will on occasion be relevant and ought to be admitted in the interests of justice. An application for their admission should be made as early as practicable, supported by transcripts of the material on which the party wishes to rely as well as the recordings of the material itself. Transcripts produced by the party itself will normally suffice. Where there is a large volume of such recorded material, a focused and selective application might be more likely to succeed. EAT: Vaughan v LB Lewisham

 

Regards to all.

 

Che

[BankFodder]

Thanks.

 

People should assume that this applies to the use of recordings in any civil proceedings.

 

It also shows that covert recording and their use in court cases is absolutely legit

[postggj]

Is that not just for an Employment Tribunal rulings

 

It does stipulate only Employment Tribunal proceedings

 

Clarification is needed me thinks

[Hacked_Off]

What about criminal proceedings? If its allowed this would be very useful for me!

[postggj]

There is nothing stopping recordings being used in criminal proceedings.

 

After all, CCTV images are used all the time

 

If their are any problems the judge will rule on it, only its authenticity can be seen as a problem, but It must be disclosed to the other sides advocate with minimum delay

 

The thing to watch is, has the recording been obtained in a lawful capacity

 

Remember, the recording of two individual's is not unlawful, submitting it to a third party without consent is, unless their is a public interest for disclosure

 

Why are you asking, if it is criminal, your solicitor will submit it into evidence

Edited April 26, 2013 by squaddie

[Emmzzi]

realted to this thread? pretty sure this is civil not criminal

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?389365-Tv-licence-setting-me-up-for-court!!!&p=4213162#post4213162

[postggj]

TV licence is a criminal matter if dealt with in front of a magistrate (statutory offence)

 

County court is civil if they only are after obligations due as a civil debt

[Hacked_Off]

There is nothing stopping recordings being used in criminal proceedings.

 

After all, CCTV images are used all the time

 

If their are any problems the judge will rule on it, only its authenticity can be seen as a problem, but It must be disclosed to the other sides advocate with minimum delay

 

The thing to watch is, has the recording been obtained in a lawful capacity

 

Remember, the recording of two individual's is not unlawful, submitting it to a third party without consent is, unless their is a public interest for disclosure

 

Why are you asking, if it is criminal, your solicitor will submit it into evidence

 

I've given a witness statement to the CID regarding a repeat offender. I have recordings that prove the allegations made (for tge 2nd time) are true.

[monkeychicken]

i think the other factor to bear in mind that you might actually win your case by the use of covert recording but then be dismissed any way because of a 'breakdown of trust' see aziz v trinity taxis.

[steampowered]

The other important issue to remember is relevance. There are not many cases where the contents of a meeting are disputed and are genuinely relevant to the claim being brought. If it is not relevant the Tribunal will not want to listen to the recording or read a transcript.