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01 August 2025
Issue: 8127 / Categories: Legal News , Commercial , Dispute resolution , Data protection , Privacy
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NLJ this week: Covertly obtained evidence—tactics over truth?

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The murky rise of unlawfully obtained evidence in litigation is explored in this week's NLJ by Natalie Todd of Cooke, Young & Keidan and Nicholas Bortman of Raedas. From hacked emails to covert recordings and pretexting, investigators are pushing legal boundaries—and courts in England and beyond are increasingly admitting such material if it serves the public interest, even as they condemn the methods used

The authors warn that while claimants may feel forced to act when faced with dishonest opponents, the legal and ethical risks are real. Remedies for victims—like breach of confidence or misuse of private information—often fall short. As data privacy laws tighten, fraudsters gain cover while legitimate claimants struggle.

The authors call for clearer lines in this evolving legal battlefield, where the drive for truth collides with the rule of law. In today’s information age, the ends may not always justify the means.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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