Q&As

Are recordings of telephone conversations made between businesses (for business purposes) admissible in civil proceedings and, if so, is special permission from the court required in order to rely on them?

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Published on LexisPSL on 20/01/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Are recordings of telephone conversations made between businesses (for business purposes) admissible in civil proceedings and, if so, is special permission from the court required in order to rely on them?
  • Recordings obtained without consent

Are recordings of telephone conversations made between businesses (for business purposes) admissible in civil proceedings and, if so, is special permission from the court required in order to rely on them?

The question of admissibility of evidence in civil proceedings is whether the evidence is relevant to a fact in issue in the case. Admissibility is always decided by the judge and all relevant evidence is potentially admissible, subject to common law and statutory rules on exclusion. What is relevant (namely what goes to prove or disprove a matter in issue) will be decided by logic and human experience, and facts may be proved directly or circumstantially.

In civil proceedings, evidence must not be excluded on the ground that it is

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