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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.
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.
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)
Great, that should be everything now apart from to turn up on the day
You could or you could ask them to copy the bundle but they would charge you for that
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!
Sure, if you would like to upload it, I will take a look
FAO: The Court Manager
Dear Sirs,Re Case number ***** Goodman Derrick v John Moulder BrownDate/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
Yes, a copy to them too, thanks again
My pleasure as always
Hi John, that is a relief! I hope there are no further issues with the bundle, etc. Have a good day, Jim