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Recording PIP interviews IAS (ATOS)

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ClairemHodgson
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Solicitor, SC Law, Harrow

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Billy Durrant - 16 October 2017 11:26 AM

Has anyone had any experience of getting a tribunal to accept an unauthorised recording of the PIP consultation as evidence? I may have this issue coming up..

funny you should ask that

http://www.bbc.co.uk/news/health-41581060

this morning….

Elliot Kent
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Billy Durrant - 16 October 2017 11:26 AM

Has anyone had any experience of getting a tribunal to accept an unauthorised recording of the PIP consultation as evidence? I may have this issue coming up..

No, but the covert nature of the recording shouldn’t really be an issue. The SEC doesn’t have any rules of evidence and even courts which do will frequently admit covert recordings. There is some discussion in this case published today: http://www.bailii.org/ew/cases/EWCA/Civ/2017/1579.html

I think the greater problem would be persuading the Tribunal that the recording is sufficiently useful evidence to justify going to the trouble of playing it - but that will depend on the case.

(Also if your client is inclined towards covert recording of meetings, do remind them that its contempt to record the tribunal hearing!)

Mike Hughes
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No but I am contemplating being less discouraging of claimants who wish to record their own.

General approach of tribunals, despite the best efforts of DWP, is that it’s better for evidence to be admitted and weighed no matter how obtained. Applies the other way round (when DWP illegally obtain) so it’s refreshing to see a tribunal taking a sensible approach.

Anyway, Cassette Store Day is now a thing. Matter of time before HMV et al are flooded with cheap twin cassettes and our problems are solved 😊

If you could picture my head in my hands right now…