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The law regarding submitting e-Evidence in Court

  • pjb
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19 Jan 08 #11157 by pjb
Topic started by pjb
Hi all

Can anyone shed any light on submitting e-Evidence in court.

I ask as there has not been full financial disclosure on the other side but I have email and electronic evidence regarding the non-disclosure that will help me in my claims.

However, by obtaining this information I had to log into their email account and print the emails.

What is the law about logging into someone elses email to obtain evidence?

Also the other side has been using online gambling sites - I also know the login and password for these sites. They show the credit card payments - can I print a copy of this and use it in court to prove their gambling? The other side don't know I have access to their email and gambling accounts although they gave me permission to use the email account once or twice in the past.

By doing this am I in breach of any lawful acts?

Thanks for your help and time.

pjb :unsure:

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19 Jan 08 #11163 by Fiona
Reply from Fiona
Section 1(1) Computer Misuse Act 1990

Unauthorised access to computer material

(1) A person is guilty of an offence if—

(a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;

(b) the access he intends to secure is unauthorised; and

(c) he knows at the time when he causes the computer to perform the function that that is the case.

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19 Jan 08 #11164 by Josh2008
Reply from Josh2008
Very dodgy, Data protection act, privileged information, cloak & dagger stuff, Watergate

I would strongly advise seeking legal advice before attempting to use this type of information in court proceedings.

I am sure you can think of other ways to use the information you have, without actually disclosing it as is

You need to be honest in your form E and then question the other sides if there's any doubts.

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19 Jan 08 #11169 by pjb
Reply from pjb
yes, I have been fully honest in my form E. It is about to go to another FDR as they other side did not fully disclose and therefore was postponed with cost reserved. They were ordered by the court to disclose rest of the information, with signed witness statement - which they were late filing - and still haven't disclosed the ordered info - this is the evidence i have access to, that they deny. With this info, it will prove they have lied in their Form E and statements.

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19 Jan 08 #11170 by Specialdad
Reply from Specialdad
You could show it to your sol as that is priveledged and get his advice but dont show it to anyone else.

As Josh says use the info to question the other partys form E.

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19 Jan 08 #11173 by Fiona
Reply from Fiona
You need to ask for credit card statements etc and ask for clarification/receipts for the transactions.

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19 Jan 08 #11178 by pjb
Reply from pjb
Have done all of the above. Have been given 'some' credit card statements but not all. The 'missing' ones contain the evidence. They were ordered by the court to submit these. They are now in breach of court.

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