{"id":9171,"date":"2024-02-28T17:24:26","date_gmt":"2024-02-28T16:24:26","guid":{"rendered":"https:\/\/www.kalliope-law.com\/?p=9171"},"modified":"2024-02-28T17:46:38","modified_gmt":"2024-02-28T16:46:38","slug":"evidence-obtained-unlawfully-or-unfairly-is-admissible-before-the-civil-courts","status":"publish","type":"post","link":"https:\/\/www.kalliope-law.com\/en\/evidence-obtained-unlawfully-or-unfairly-is-admissible-before-the-civil-courts\/","title":{"rendered":"Evidence obtained unlawfully or unfairly is admissible before the civil courts"},"content":{"rendered":"\n

In a very important Judgment dated December 22, 2023 (No. 20-20.648<\/a>), the French Supreme Court (within its most formal composition) reversed its previous position by admitting that, in civil proceedings, the unlawful or unfair nature of evidence obtained does not necessarily mean that it should be excluded from the proceedings.\u00a0<\/p>\n\n\n\n

The Supreme Court has thus established the following principle:<\/h4>\n\n\n\n

“In civil proceedings, unlawfulness or unfairness in obtaining or producing evidence does not necessarily lead to its exclusion from the proceedings. When invited to do so, the Court must assess whether such evidence undermines the fairness of the proceedings as a whole, by balancing the right to evidence against the conflicting rights at stake. The right to evidence may justify the production of evidence that infringes other rights, provided that such production is essential to the exercise of that right and that the infringement is strictly proportionate to the aim pursued.”<\/p>\n\n\n\n

The facts of the case concern the production of recordings of a person without his\/her consent<\/h4>\n\n\n\n

Two controls must be carried out by the Judge for the evidence to be admissible:<\/p>\n\n\n\n