The Risks Of Relying On Unlawfully Obtained Evidence

In cases involving unlawfully obtained evidence, the approach of the English Court has typically been that justice is best served by considering all relevant evidence, even where there has been a breach of law in obtaining that evidence. The Courts will not necessarily exclude evidence simply because it has been unlawfully obtained or stolen. Rather, the court has a discretion whether to admit such evidence. However, there can be broader implications for those who improperly obtain evidence.

The recent case of Bourlakova v Bourlakov [2024] EWHC 765 (Ch) concerned the use by the Claimants of private investigators to obtain evidence in support of a freezing order application. Some of the documentary evidence relied on by the Claimants was said to be illegally obtained, and some of the documents were said to be fabricated. Furthermore, some of the documents obtained by the investigators were privileged to the Defendants. When the issue came to light, the Defendants