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Covert recordings made but no transcript provided

Covert recordings made but no transcript provided

Postby steve » Mon Aug 07, 2017 6:23 pm

I'm suing someone and it's allocated to the small claims track.

It turns out the defendant made covert recordings of me. I'm not too bothered because the recordings are peripheral and if anything strengthen my case. :D

However, the defendant has provided me only with the recordings and minimal transcripts, and there is probably about an hour's worth when the case has been allocated only two hours.

Similarly, several evidence photos have been provided electronically.

I assume they've provided the court with the same. I phoned the court and they suggested the judge might throw out the evidence but I guess I can't be sure.

I will ask the defendant to provide full transcripts, but I'm interested to know if anyone has experience of what might happen. I will probably transcribe the few sections that I'd like to present.

(PS. I searched the site on "covert recordings" but most threads on this relate to employment tribunals).
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Re: Covert recordings made but no transcript provided

Postby atticus » Mon Aug 07, 2017 6:29 pm

Those threads illustrate the approach taken to such evidence.
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Re: Covert recordings made but no transcript provided

Postby shootist » Mon Aug 07, 2017 7:40 pm

If the defendant has supplied full recordings then I would suggest he has done what he needs to do to be fair. Would you trust his transcripts anyway? You would have to check them. I would suggest you make transcripts of the relevant passages (including the ones that the defendant might think are relevant just in case. This could just be important), print out the photographs sent to you and go with that. I suspect several copies for the court might be welcomed. If a court might throw the case out, then it behoves the participant(s) who do not want it thrown out to do everything they can to avoid giving an excuse to do so.
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Re: Covert recordings made but no transcript provided

Postby Hairyloon » Mon Aug 07, 2017 8:41 pm

Transcribe and timestamp the sections that are of use to you, and double check the sections he has transcribed.
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Re: Covert recordings made but no transcript provided

Postby steve » Thu Sep 28, 2017 10:56 am

For the record, the Judge did not allow use of either the recordings or of photos the defendant had provided on a memory stick only.

In part I think he'd already understood they were diversionary to the proceedings. As a result I got a straightforward win of all of my claims :)
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Re: Covert recordings made but no transcript provided

Postby atticus » Thu Sep 28, 2017 11:39 am

Well done. Now all you need to do is collect. Good luck.
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Re: Covert recordings made but no transcript provided

Postby steve » Fri Oct 20, 2017 1:52 pm

Defendant came to the door (by agreement as he said he would pay cash), asked me for bank details, transferred the money, accepted receipt.

All the time he and his wife were filming me with their phones. Very entertaining!

BTW its 3 weeks on and neither of us have received written judgement yet. The court say they are 6 weeks behind on their paperwork...hope we agreed the right amount.
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Re: Covert recordings made but no transcript provided

Postby atticus » Fri Oct 20, 2017 2:23 pm

Yes, the court system is not far off collapsing through being underfunded.
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Re: Covert recordings made but no transcript provided

Postby Hairyloon » Fri Oct 20, 2017 5:19 pm

Underfunding would be less of an issue if they were remotely efficient.
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Re: Covert recordings made but no transcript provided

Postby dls » Fri Oct 20, 2017 8:13 pm

Underfunding would be less of an issue if they were remotely efficient.

Just a little circular.
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