header-logo header-logo

10 March 2023 / Natalie Todd
Issue: 8016 / Categories: Features , Profession , Procedure & practice , Cyper espionage
printer mail-detail

Underhand evidence: ill-gotten gains?

113983
Natalie Todd surveys the boundaries for evidence gained by covert surveillance & other underhand tactics
  • It is a general principle of law that evidence obtained unlawfully is not, by default, inadmissible.
  • Judges may accept hacked emails, telephone calls and surveillance footage as evidence in the interests of justice unless they find a reason to exclude them.
  • However, the courts will always decide what weight to give to such evidence and whether a heavy costs sanction should be imposed.

There is a general English law principle which provides that evidence obtained unlawfully is not, by default, inadmissible (the principle) (Jones v University of Warwick [2003] EWCA Civ 151).

The matter often falls to be decided depending on i) the court’s discretion—under CPR 32.1, the court has a power, but not a duty, to exclude evidence that would otherwise be admissible; and ii) whether the Human Rights Act 1998, Art 6 of the European Convention on Human Rights (ECHR) (the right to a fair trial)) and Art 8,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll