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Fruit of the poisonous tree: Illegally obtained evidence, its consequences and private prosecution

Charles Ciumei QC, Jane Russell and Helen Morton (Essex Court Chambers) and Tim Welch (36 Group)

Evidence obtained by illegal means presents a variety of legal, tactical and ethical issues in litigation to be explored in this seminar. Such evidence can arise in any litigation but the problems may be particularly accute in interim injunctive applications. The blurring of the line between work and private email and mobile phones and the growth of cloud services means that such issues arise more often. The seminar aims to raise awareness necessary to identify such evidence and of possible solutions: Has your client or your opponent acted in breach of, for example, the Computer Misuse Act 1990 or the Data Protection Act 1998? What can or needs to be done about it? What are the advantages and disadvantages of a private prosecution and how do you that?