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NLJ this week: Covertly obtained evidence—tactics over truth?

01 August 2025
Issue: 8127 / Categories: Legal News , Commercial , Dispute resolution , Data protection , Privacy
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The murky rise of unlawfully obtained evidence in litigation is explored in this week's NLJ by Natalie Todd of Cooke, Young & Keidan and Nicholas Bortman of Raedas. From hacked emails to covert recordings and pretexting, investigators are pushing legal boundaries—and courts in England and beyond are increasingly admitting such material if it serves the public interest, even as they condemn the methods used

The authors warn that while claimants may feel forced to act when faced with dishonest opponents, the legal and ethical risks are real. Remedies for victims—like breach of confidence or misuse of private information—often fall short. As data privacy laws tighten, fraudsters gain cover while legitimate claimants struggle.

The authors call for clearer lines in this evolving legal battlefield, where the drive for truth collides with the rule of law. In today’s information age, the ends may not always justify the means.

MOVERS & SHAKERS

Laytons ETL—Scott Hilton & Simon Jones

Laytons ETL—Scott Hilton & Simon Jones

City firm launches real estate corporate team to meet growing client demand

Talbots Law—Clare Regan & Lucy George

Talbots Law—Clare Regan & Lucy George

Midlands firm appoints head of real estate development

Charles Russell Speechlys—Libby Elliott

Charles Russell Speechlys—Libby Elliott

Corporate, restructuring and insolvency offering grows with partner hire

NEWS
Personal injury lawyers have urged parliamentarians to reject plans to enact an extra defence in civil cases where child sexual abuse is alleged
The Legal Services Board (LSB) has launched a post-Mazur regulatory review into litigation rights, and is fast-tracking an application from CILEX
The Court of Appeal has upheld the principle of core immunity for advocates, in an important judgment
The Bars, Faculty of Advocates and law societies of England and Wales, Scotland and Northern Ireland have come together to accuse politicians of putting lawyers at risk through their use of ‘irresponsible and dangerous’ language
The beleaguered TA6 property form has been re-released after almost a year of tests with a working group of residential conveyancers
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