recorded my phone call

bod1467

As I said previously, there would be absolutely nothing to prevent the OP creating and submitting a transcript of the call(s) as evidence.

I believe the judge would have the power to request to hear the actual recording(s) - perhaps in a closed court with only the OP, agent and judge present.

bris

bod1467 wrote: »

As I said previously, there would be absolutely nothing to prevent the OP creating and submitting a transcript of the call(s) as evidence.

I believe the judge would have the power to request to hear the actual recording(s) - perhaps in a closed court with only the OP, agent and judge present.

Yes there is, the call can not be used against them in any way, shape or form, writing it down as a transcript does not make it legal as the source of the transcript was the call. The judge has no power to change the law on this and must dismiss the call and the contents of it as it was not authorised by the other party.

arcon5

Send a copy of the recording to the company, it's unlikely they will know the law on this anyway, and even more unlikely they will pursue it. In fact they'll probably tuck their tail between their legs knowing they've been caught with their pants down and sort it out for you.

Alternatively, see if you can email the MD or something and include a copy of the original conversation.

arcon5

bris wrote: »

Yes there is, the call can not be used against them in any way, shape or form, writing it down as a transcript does not make it legal as the source of the transcript was the call. The judge has no power to change the law on this and must dismiss the call and the contents of it as it was not authorised by the other party.

What law are you referring to? I see mention of RIPA 2000 but that doesn't support your statement - at least the part quoted previously.

(genuine question - I know nothing about this sort of thing, although i'd certainly still send them a copy irrespective)

shaun_from_Africa

bris wrote: »

Yes there is, the call can not be used against them in any way, shape or form, writing it down as a transcript does not make it legal as the source of the transcript was the call. The judge has no power to change the law on this and must dismiss the call and the contents of it as it was not authorised by the other party.

But as I've already stated, this is only true in a criminal case and not a civil one.
If the judge is made aware of the recording and the fact that the travel company have refused to allow it to be used as evidence, there is nothing to stop them using this to influence their final decision.

8.3 How will the case be decided?

Civil cases have to be proved on the ‘balance of probabilities’. This means if it’s more likely than not that your version of events is true then the decision will go in your favour.

Small claim hearings can differ a lot depending on the judge and the rules of evidence are very flexible – the judge can agree to accept or reject whatever they see fit in the interests of justice. Some judges adopt the normal trial procedure whereby each party present their case but others are more inquisitorial.

http://www.judiciary.gov.uk/JCO%2FDocuments%2FCJC%2FPublications%2FOther+papers%2FSmall+Claims+Guide+for+web+FINAL.pdf

keyser666

shaun is right, he can draw whatever inference he feels necessary on the balance of probabilities

George_Michael

keyser666 wrote: »

shaun is right, he or she can draw whatever inference he feels necessary on the balance of probabilities

I agree.
If I was asked to make a decision regarding something and it came to my attention that there was a crucial piece of evidence that someone didn't want disclosing, I would ask myself why that was and it may well make me wonder what they were trying to hide.
After all, if the phonecall exonerated them, why not give permission for it to be heard?