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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3757
Experience:  Solicitors 2 years plus PQE
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I had my attention drawn to by a friend listening to a

Resolved Question:

i had my attention drawn to by a friend listening to a discussion i had with someone yesterday that they were recording my conversation....i was not asked permission of this.....the person recording the conversation said they were going to give their solicitor the recording.....can they do that without my consent?
Submitted: 3 months ago.
Category: Law
Expert:  Alex J. replied 3 months ago.
Thank you for your question and welcome my name is ***** ***** I will assist you. Technically you are not meant to record any conversation where there is a reasonable expectation of privacy. That said if someone still does make the recording there is not a lot they can do with it - (i) if they publish it on the internet for example they potentially breach data protection and human rights legislation (ii) they won't be able to use it in a court of law with out special permission which they are unlikely to receive if the court knows the recording was made without permission. What are they threatening to do with the recording?
Customer: replied 3 months ago.
Take it to their solicitor to use in a court case that we are being threatened with.
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. If it is a civil claim - it is almost certain this would be inadmissible as evidence. At best they might be able to use it as a reference to write a witness statement. Did you admit anything in the recording that would affect the claim?

Customer: replied 3 months ago.
he asked me if i had signed the letter sent to him...which i did for and on behalf of the trustees......i also explained that as psc i had the right to elect and deselect trustees/directors....however i had elected for a democratic vote of the board, and there was a vote of four for removal and 2 of against.....i was one of the against.....that was my admittance
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. The best he could do is try and recite this into a witness statement - you would get the opportunity to refute the witness evidence and explain the circumstances under which the admission was made. For the time being I do not think you should be too concerned that his lawyer has it, in any event it is a positive as at least his lawyer will advise him what he cannot do. Kind regards AJ

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Customer: replied 3 months ago.
Many thanks for your direction, we now know our initial correspondence to Mr Pender was refused by him......not that as he said, it was insufficiently stamped! I feel sure that he was aware of his actions...... our second letter raised a response, purely to his own ego and bullishness, how sad.