One for the Legal Eagles

Danthus

Danthus

Danthus

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5 Jun 2010
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I have an appointment with a solicitor next week so I will be asking them this question.

Basically, can I conversation I have recorded be used in a dispute even though the other person was not aware the conversation was being recorded at the time?

To be clear this is not a work-related issue, it is a family matter.
 
IANAL.

Depends. There have been cases where for example an employee feels discriminated against and so they've recorded HR meetings/disciplinary etc. because they don't trust their employer to keep an accurate record of the meetings. And judges have allowed it as evidence at tribunals. There has to be a good reason for the covert recording though.
 
For the sake of the thread can you not spoon feed information bit by bit. Can you just give as much detail as possible now. Because the amount of 'it depends on the circumstances' answers you'll get will be greatly reduced.
 
Given it is a family matter regarding a divorce I am being careful.

I believe my version of a conversation will be disputed, therefore I recorded it knowing that may be a likely outcome.
 
Divorce, lawyers disputes. I thought this was standard so the solicitors make their money from you both?
 
since you're already going, your solicitor will be the best person to answer within the context of the recording.

If you are worried about an ex / someone seeing this discussion(noted by your later response), I'd probably ask the mods to delete it now - it'll save any headache should it be found :).
 
I once asked this of a solicitor friend and his reply was, it depends. Ideally, all parties would know they're being recorded and given consent. But it's down to a judge to decide if it's admissible. Simply saying it's not because one party does not know, is not true.
 
Without context on the conversation, background, ongoing issues, existing "evidence", context on the dispute etc - There is no straight answer to your question, your solicitor will pretty much say the same.

Exceedingly complicated area and you won't get a straight answer yes or no.
 
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