Depending upon the jurisdiction the Listening Devices Act can be a grey area. A judge will first determine if the recording has been lawfully obtained before accepting it as evidence. And it's mostly only authorised parties who are allowed to record and disclose private conversations.
As a general rule it pays to first inform the other party that you intend to record the conversation for accuracy, or your own records, and then request consent. Usually the conversation doesn't proceed lol.
Xped - Further action, page-322
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