Unfairly obtained evidence
10 Jan 2024 | William MAK
In a ruling handed down on December 22, 2023, the Cour de cassation (French Supreme Court), sitting as a full court, reversed its long-standing case law, admitting that unfairly obtained evidence may be presented to a judge if it is essential to the exercise of the litigant's rights.
However, taking such evidence into account must not disproportionately infringe the fundamental rights of the opposing party.
Cass. ass. plén., December 22, 2023, nos. 20-20.648 and 21-11.330
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