Saturday, August 8, 2009

Is a recording on a mobile phone admissable as evidence?

I am a tenant of a social landlord and become embroiled in litigation over an issue of damp and mould damage to my property. I have received a defence which claims the cause of the dampness was due to me being in breach of my tenancy agreement. My case is that the landlord; the members of the management and maintenance committees regularly breach their own rules and regulations, to the extent that they sought to rig the results of a raffle! Evidence of this was recorded surreptitiously, but is of high quality.



I have informed my landlords legal representatives of the existence of this recording.



Can this be entered as evidence in a fast track claim in the district court? What is the correct process?



Would it be ethical for the landlords lawyers to ban the use of this in court?



Must I submit a copy of the recording to the lawyers and the court before the hearing?



I am eligible for working tax credits, can I get any legal advice? Where? CAB is not very helpful



Is a recording on a mobile phone admissable as evidence?

Assuming the recording was not obtained illegally, as in against a statute against recording someone without their knowledge, the recording MAY be admissable if it is properly authenticated before being admitted into evidence. That means the person who recorded the conversation must testify that they recorded it, that recording presented in Court is in fact the same recording, and that it is an accurate representation of the conversation recorded.



Is a recording on a mobile phone admissable as evidence?

You can only use a recording as evidence if the other party is aware they are being recorded.



Is a recording on a mobile phone admissable as evidence?

I saw someone on daytime court TV play a cellphone recording as evidence, so certainly the format is acceptable.



Is a recording on a mobile phone admissable as evidence?

I think the recording would be admissible as far as it itself is concerned but I dont think that it is pertinent to the case at hand and is not the real issue here. Why would this be a valid defense. Just because they have broken the rules doesn%26#039;t mean that you breeching the agreement is OK. That would be like someone showing up for court with a recording of a police office speeding to get out of their speeding ticket that is not how it works. One person%26#039;s wrong actions does not justify anothers.



I think that for this particular case that the landlord%26#039;s lawyers can have the recording ruled inadmissible, not because that the recording in and of itself is no good, but because it has nothing to do with the mold issue which is what this case is about. So I dont think you have much of a chance of using their actions to justify yours.



Now on the other hand if you truly have a good recording showing your landlord %26quot;rigging%26quot; a raffle then that might just prompt them to cut a deal with you and settle out of court. Be careful with any %26quot;blackmail%26quot; issues though.



Is a recording on a mobile phone admissable as evidence?

It would be admissible as evidence if it were relevant to the case, which it probably isn%26#039;t.



On a side note, your argument that the management regularly breached their own rules and regulations is ridiculous and is probably not going to hold up in court. Your lawyer is taking you for a ride on a hopeless case.

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