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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A director of a freehold company secretly filmed the

Resolved Question:

A director of a freehold company secretly filmed the chairman and other directors at a board meeting and the next day circulated a clip from the video to all the residents of the freehold property (consisting of ten apartments), while demanding the resignation of the chairman on account of an indiscretion recorded on the film. The chairman, under considerable and apparently premeditated provocation, had called the director a 'twat'. Is there a case against the director for secretly filming the meeting?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Was there a reason this person was filming please?

Customer: replied 1 year ago.
Responding to Ash who asks whether there was a reason why the person was filming, my assumption is that as he has been a serial complainer on a wide range of issues and has demonstrated a particular antagonism towards the chairman, he decided to film clandestinely in order to acquire ammunition for use against the chairman, which is what has occurred.
Expert:  Ash replied 1 year ago.

What is it you want to achieve ?

Customer: replied 1 year ago.
We wish to know whether there are grounds to prosecute the offending director or to suspend his membership of the Board for a specified period on the grounds of misconduct in office
Expert:  Ash replied 1 year ago.

Does he have a directors agreement?

Customer: replied 1 year ago.
As a leaseholder of an apartment in the property he has an automatic right to a directorship in the company which owns the freehold
Expert:  Ash replied 1 year ago.

Does the company have a policy about what misconduct is?

Customer: replied 1 year ago.
No
Expert:  Ash replied 1 year ago.

Does the company have a constitution or other rules?

Customer: replied 1 year ago.
It has Memorandum and Articles of Association but there is nothing in them relating to this matter. I just want a view as to whether secret recording and use of it thereafter to discredit a co-director is either illegal or serious misconduct.
Expert:  Ash replied 1 year ago.

Is it illegal, no. Otherwise people wouldn't be able to video anywhere without permission. You have groups who catch police, tv cameras who catch minsters etc.

However it could be serious misconduct yes. It is quite wrong to film a meeting in secret and then post it.

Can I clairfy anything for you about this today please?

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