Illegally obtained evidence: silver bullet or ticking time bomb?

As the recent publicity and furore surrounding the News of the World telephone hacking affair demonstrates, this topic of evidence illegally obtained stimulates huge interest and controversy. In an era of unprecedented access to electronically stored data, acquiring a single key piece of information can generate fabulous wealth, alternately it can lead to a prison term. Simon Perkins and Simon Chandler of CMS Cameron McKenna elucidate the latest thinking of the Court of Appeal.

Simon Perkins (+44 (0) 117 930 7830, simon.perkins@cms-cmck.com) is a senior solicitor and Simon Chandler (+44 (0)117 930 7816, simon.chandler@cms-cmck.com) is a partner of CMS Cameron McKenna LLP.

The Court of Appeal has given recent guidance on the issues around illegally obtained evidence in what has been described as a landmark judgment in Imerman v Tchenguiz [2010] EWCA Civ 908. Although the case arose in the context of divorce proceedings, it has important implications for all types of litigation. All investigators and the lawyers who instruct them should be aware of it.