Investigation Agents And The Law*

The advice most often given to prospective litigators usually appears in the form of three questions. First, do you have a case? Then, is the claim time barred? And, finally, is the Defendant "good for the money"? It is when lawyers come to address the third element that they frequently resort to investigation agents.

The decision of the High Court this summer in the case of Hughes v Carratu is a warning to investigation agents, and the lawyers that instruct them, that they both need to be very careful about how information concerning defendants is sourced. It is, of course, notoriously difficult as a litigator to obtain accurate financial information about any target, but this decision has highlighted the need for the use of strictly lawful means when obtaining that information.