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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11422
Experience:  30 years as a practising solicitor.
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If a telephone call is recorded without one party knowing that

Customer Question

If a telephone call is recorded without one party knowing that it is being recorded, can that be used in court as evidence in a small claims court in Scotland ?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

In a small claim, which is a civil case, the evidence will be admissible if it is relevant to the case. This is to be contrasted with a criminal case, where a secretly recorded conversation is only admissible if the court deems that it is fair to do so.

So in a small claim it can be used if relevant.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

If the claimant alters the recorded conversation by technical 2 jiggery pokerry " what recourse would I have to check that the recording has been tampered with if any ?

Expert:  JGM replied 3 years ago.
You would have to be given the recording and the chance to have it examined by an expert beforehand.