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01 August 2025
Issue: 8127 / Categories: Legal News , Commercial , Dispute resolution , Data protection , Privacy
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NLJ this week: Covertly obtained evidence—tactics over truth?

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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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