Evidence Obtained By Hacking Or Torture ' Michael Drury, Caroline Mair And Andrew Watson Write For Lawyer Monthly

• Published date: 21 July 2021
• Subject Matter: Litigation, Mediation & Arbitration, Criminal Law, Compliance, Trials & Appeals & Compensation, Crime
• Law Firm: BCL Solicitors LLP
• Author: Mr Michael Drury, Caroline Mair and Andrew Watson

BCL partner Michael Drury, senior associate Caroline Mair and legal assistant Andrew Watson's article 'Evidence Obtained by Hacking or Torture: Do Two Wrongs Ever Make a Right?' has been published by Lawyer Monthly.

Here's an extract from the article:

"In Ras Al Khaimah Investment Authority v Azima [2021] EWCA Civ 349 ('RAKIA') the civil division of the Court of Appeal confirmed the long-standing rule that relevance of evidence is key to its admissibility, not whether it was obtained lawfully. As a result, evidence of fraud on the part of Mr Azima, which was said to have been obtained by unlawful 'hacking' of his computer, could nonetheless be deployed. The court took the view that refusing to admit the evidence or striking out the claim as an abuse of process would have left Mr Azima with the benefit of his fraudulent conduct.

In weighing up the public policy considerations of needing to be seen to provide justice whilst at the same time ensuring that members of the public abide by the law, the court has continued to favour the former, well established by the time of the seminal judgment in Jones v University of Warwick [2003] EWCA Civ 151. But what bearing does this decision have on the...