The issue of evidence obtained by illegal means was recently revisited by the Court of Appeal. The Court considered what must be shown to establish that evidence has been obtained illegally, the consequences of obtaining evidence by illegal means and how this can cross over into the area of legal professional privilege.  It will be useful to have these aspects in mind when instructing enquiry agents and in any subsequent dealings with them.  

The judgment is also noteworthy in the current climate of celebrity super-injunctions and anonymity orders, illustrating the courts’ ongoing concern to balance an individual’s right to privacy with conflicting human rights such as freedom of expression and the right to a fair trial.

To read more on the Court of Appeal’s decision click here

To read our Law Now on the Court of Appeal’s earlier decision in Imerman v Tchenguiz (2010)