header-logo header-logo

Underhand evidence: ill-gotten gains?

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll