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.
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