header-logo header-logo

Obtained by deception?

226812
Natalie Todd & Nicholas Bortman on the extraordinary measures parties are taking to gather evidence
  • Courts in England and other jurisdictions are showing a growing willingness to admit unlawfully gathered evidence if it serves the public interest.
  • Investigators and litigants are pushing limits, using covert tactics and exploiting legal grey areas, while courts weigh the harm against the victims.
  • As data protection rules tighten, they can hinder access to critical evidence, empowering fraudsters and complicating justice for legitimate claimants.

There is a general principle of English law which provides that evidence obtained unlawfully is not, by default, inadmissible. The rationale for the principle is that in order to achieve justice in any particular case, it is desirable that the court has access to all relevant evidence when making its decision. The court will weigh up the public interest in discouraging the conduct by which the evidence was made available against the public interest in establishing the truth. If the evidence is allowed, the court will decide

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
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
back-to-top-scroll