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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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Could my question below please be directed to JimLawer and

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Dear Sir/Madam.
Could my question below please be directed to JimLawer and only JimLawyer as he has been advising me in respect of this issue and is conversant with the details surrounding my question. I note my previous question was answered by someone else. Many thanks. John Moulder Brown.Jim, good afternoon I hope this finds you well.
In respect of my recording that I have submitted as evidence for my hearing on the 18 June in the small claims Court, do I now need to make an application to the Court to ask permission to rely on the recordings as evidence.
Thank you. john

Hello, this is Jim and welcome back to JustAnswer.

Yes, even non-consensual recordings can be used in evidence as per CPR rule 32.1 though the court has the power to exclude the recordings - only if the court things that to include them would be unfair to the other party.

Circumstances where the court may exclude the recordings would be where the evidence was obtained illegally, unfairly or improperly however.

So you must send them to the other party and to the court unless you have already done so. If they are going in to the bundle then include them and send to the court. You should be fine as from memory the recordings were not obtained illegally / improperly, etc.

And no application is required either, thanks.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 12 days ago.
Jim, Good afternoon. So does the Court require, and do I need to make a special application to allow the recordings as evidence. the Claimant has in correspondence encouraged me to send all the recordings I have so I believe they cannot now object to those recordings at the hearing.

No, an application is not required as the evidence is admissible and there is a continuing duty of disclosure meaning you should send them once you have them (to the other party)

Customer: replied 12 days ago.
Wonderful. Thank you. I have submitted my bundle with the recordings transcripts and memory stick of the recordings to the claimant and the Court hitting my deadline of the 4 June.

Great, that should be everything now apart from to turn up on the day

Customer: replied 12 days ago.
Not quite Jim. I have one problem ..Typical.....In my rush to hit the deadline, I did not print a bundle for myself and although my bundle was chronologically set out as per the timeline of events, I did change the order and numbering of the bundle submitted. Of course, I now realise that I am not sure of my numbering of the pages for my own bundle yet to be done. My thought is to contact the Court office to whom I delivered my bundle in The Thomas More Building in the Strand and ask if I may have the bundle back to number my pages. Carry On Bundle comes to mind.

You could or you could ask them to copy the bundle but they would charge you for that

Customer: replied 12 days ago.
Jim..How Wonderful...That immediately puts my mind at rest..I will call them today and see what's available to me. If they could print them it would save my Journey back into London from Bexhill. Thank you.

They would charge £10 initially then each page is 50p though so if it's a 350 page bundle for example they would charge you £180

Sorry £185 that would be. A lot in any event!

Customer: replied 12 days ago.
I will call them today..as you point out that is quite a lot ..I will let you know what the outcome is...If I can do it close to the hearing date it would be better for me to do it myself if they will allow me access. The last on my list if possible, or I am not sure if it should be submitted as a sperate question. I have done, as discussed, a draught letter to the Court in respect of a) the hearing length b) the audio equipment that may be required at the hearing.
May I let you see the draught to assess if it is correct and adequate. Many thanks John

Sure, if you would like to upload it, I will take a look

Customer: replied 12 days ago.
Jim Thank you. Copy-paste below:Dear Sir/Madam,
Re Case number ***** Goodman Derrick v John Moulder Brown
I note that the claimant in their response to Court questions has specified that one day is their estimation for the hearing time they believe is required to hear the small claims matter at the hearing listed for the 18 June 2021.
I have specified in my response to the Court questionnaire that I believe 4 hours is sufficient. I believe that 4 hours is sufficient and ask that the Court please take that into account.
In my evidence disclosure bundle, I have submitted a memory stick containing recordings and the transcripts of those recordings on which I wish to rely as evidence at the hearing of 18 June. The transcripts of the recordings contained within my evidence bundle are verbatim transcripts of the recordings as submitted on the memory sticks. I am not sure if the Court will require audio equipment at the hearing in respect of the recordings, I have submitted on a memory stick.
Many thanks for your attention to the above matters.
Yours sincerely, *****

FAO: The Court Manager

Dear Sirs,
Re Case number ***** Goodman Derrick v John Moulder Brown
Date/time of hearing..................................
I note that the claimant in their response to Court questions has specified that one day is their estimation for the hearing time they believe is required to hear the small claims matter at the hearing listed for the 18 June 2021.
I have specified in my response to the Court questionnaire that I believe 4 hours is sufficient. I believe that 4 hours is sufficient and ask that the Court please take that into account.
In my evidence disclosure bundle, I have submitted a memory stick containing recordings and the transcripts of those recordings on which I wish to rely as evidence at the hearing of 18 June. The transcripts of the recordings contained within my evidence bundle are verbatim transcripts of the recordings as submitted on the memory sticks. I am not sure if the Court will require audio equipment at the hearing in respect of the recordings, I have submitted on a memory stick.

I ask that facilities are put in place at the hearing for the audio recording to be heard by the judge.
I thank the Court for its assistance in the above matter.
Yours sincerely,
John Moulder Brown

Customer: replied 12 days ago.
Got it. Thank you Jim..and a copy to the claimant.

Yes, a copy to them too, thanks again

Customer: replied 12 days ago.
Many thanks Jim.

My pleasure as always

Customer: replied 10 days ago.
Jim Good afternoon. I have today received the two bundles, the claimant's and my own bundle that I submitted to the claimant by email from the claimant. I had elected that the claimant submit his bundle to me by email and fortunately, he simultaneously emailed my bundle to me. Thank heavens.. I no longer have to worry about having my numbered bundle at the hearing, or disturb the Court manager.
Many thanks for your advice regarding my obtaining my bundle and or asking the Court to print for me. It gave me great relief to have been advised of the options available to me and I did as advised write to the Court, and have subsequently informed them that no assistance is now required. I have also sent the draft letter as amended by you regarding audio equipment at the hearing.
Many thanks Jim. My best wishes, John

Hi John, that is a relief!
I hope there are no further issues with the bundle, etc.
Have a good day,
Jim

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Many thanks Jim..Hot on the printing press now.