International Litigation News, a publication of the International Bar Association Legal Practice Division, published an article written by Jane Colston, Olga Bischof and Cameron Moxley titled "The fruit from a poisoned tree – use of unlawfully obtained evidence."

From the article:

"In the United Kingdom, the governing Conservative Party has promised not to withdraw from the European Convention on Human Rights (ECHR) while the process of Brexit is underway, but the Party has said it will consider the UK's human rights legal framework after the country leaves the European Union. If it does, this may have a knock-on effect on how the courts of England and Wales deal with illegally or improperly obtained evidence in breach of a person's human rights (eg, a breach of their right to privacy under Article 8 of the ECHR). This article considers if and when illegally obtained evidence can be used in civil litigation in a number of jurisdictions including the courts of England and Wales, France, Australia, the United States and Russia."

To read the full article, click here.


This article was first published by the IBA Litigation Committee in September 2017, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.