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The Court of Appeal has dismissed an appeal against a judge’s decision upholding a claim where the claimant had relied on evidence obtained through the unlawful hacking of the defendant’s computer. The court found that, even if the claimant was responsible for the hacking (which had not yet been established) and its case would have … Read more
In a recent decision the Court of Appeal has re-emphasised that the purpose of a search order (formerly known as an Anton Piller order) is to preserve evidence that is at risk of being destroyed by a defendant or potential defendant, and that a search order does not allow a claimant to inspect documents to … Read more
The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations of fraud, by showing that the claimants had known about, and approved, the transactions said to constitute the alleged fraud: Berkeley Square Holdings v Lancer Property Asset Management Ltd … Read more
A recent High Court decision serves as a reminder that there is no strict rule excluding evidence that is improperly obtained, and that in circumstances where the evidence is relevant, has probative value, and does not impact the fairness of the litigation, the courts are inclined to admit the evidence: Mustard v Flower [2019] EWHC 2623 … Read more
