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Another case on covert recordings

Another case on covert recordings

Postby atticus » Tue Feb 20, 2018 9:19 am

I don't think we've covered this one before: Singh v Singh - see para 11.

In this case however I have the direct evidence of the recordings made by the claimant. It is true to say that these must be approached with some caution, as there is always a risk that where one party knows a conversation is being recorded but the other does not the content may be manipulated with a view to drawing the party who is unaware into some statement that can be taken out of context. But there can be great value in what is said in such circumstances, where the parties plainly know the truth of the matters they are discussing and are talking (at least on one side) freely about them.
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Re: Another case on covert recordings

Postby atticus » Wed Mar 07, 2018 9:24 am

Civil Litigation Brief blog containing some discussion of the cases on covert recordings.

I keep meaning to start a sticky thread drawing together the cases etc on covert recordings. This will need about 45 minutes.
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Re: Another case on covert recordings

Postby shootist » Wed Mar 07, 2018 9:40 am

atticus wrote:I keep meaning to start a sticky thread drawing together the cases etc on covert recordings. This will need about 45 minutes.


Sounds like an excellent idea.

I like the quote from the case...
always a risk that where one party knows a conversation is being recorded but the other does not the content may be manipulated with a view to drawing the party who is unaware into some statement that can be taken out of context


I do think the worry is minimal though. From what I have read, judges are normally bloody good at extracting the true meaning from written dialogue.
“Injustice anywhere is a threat to justice everywhere." MLK.
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