No doubt at least some members will have received some shiny new tech gadgets in their Christmas stockings, but as you  get to know the latest toys we start 2026 with a reminder to be aware of the possibility that meetings may be recorded without your knowledge.

In a recent case involving  expert neuro-psychological tests relating to a whiplash injury (Celikdemir v PGR Timber Ltd) it transpired that the claimant, despite being asked to turn off her phone, had continued to record the examination using a smart watch on the advice of her solicitor.

This was despite both legal teams having formally agreed that the tests would not be recorded and the solicitor in question stated that  at the time of giving this advice “I was oblivious of the agreement at the CMC a year earlier not to record the neuropsychological testing. Had I been cognisant of that agreement, that would have swayed me into advising the claimant not to record and simply to run the risk of not having the backup of a recording.”

The existence of the recording became significant because there was an argument about whether background noise had impacted the tests and at first glance it seemed there was an imbalance between the experts, since one had the client’s covert recording and the other did not. But in a final twist it transpired that the software used to record the results of the test had automatically being taking an audio recording without the experts knowledge. This was retrieved and the experts were able to revert to a level playing field.

The message for experts is twofold. Firstly, if recordings are not to be taken make sure the client has turned off ALL possible devices and secondly make sure you know what the software you use is doing!

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