Evidence - What Happens When Evidence is Obtained Illegally?

When it is alleged that a party has obtained information or documents by illegal or fraudulent means, difficult questions often arise:

1. Can (or should) that information be used in Court proceedings?
2. Are there effective sanctions and penalties for a party that obtains evidence illegally?

The Court of Appeal has given further guidance on these issues in what has been described as a landmark judgment in Imerman v Tchenguiz (29/7/2010).  Although this has arisen in the context of divorce proceedings, it may have wide-reaching implications for all types of litigation.

Imerman v Tchenguiz (2010)

At the heart of this dispute was a divorce between Mr and Mrs Imerman, who married in 2001.  Mr Imerman, a businessman, shared offices and a computer system in Mayfair with his then prospective brothers-in-law from 2003 until 2009.   He petitioned for divorce on 30 December 2008 and was evicted from his offices seven weeks later by his brothers-in-law.