ARTICLE
30 April 2024

Towards The Admissibility Of Unfair Evidence In Civil Matters?

CP
CMS Pasquier Ciulla Marquet Pastor & Svara

Contributor

CMS Monaco is a leading law firm, providing local and international clients with a one-stop shop service for all their legal challenges, both in counselling and litigation. The firm was created in 2009 and is strongly anchored in the Monegasque market and well familiar with its dynamic economy. In 2017 the firm joined CMS, an organisation of independent law firms, composed of 80+ offices in 45+ countries, with over 6,000 lawyers worldwide, making it the only law firm in Monaco with such significant international reach. Today CMS Monaco is composed of 80+ professionals, including five partners (Avocats Associés Monégasques) and over 50 associates, experts in Monegasque law. The firm is structured around seven practice groups: Private Clients, Business Law, Real Estate & Construction, Employment, Banking & Finance, Tax and Criminal law. The teams regularly work together on complex cross-practice cases with high stakes for a large variety of Monegasque and international clients, such as companies of various sect
The plenary session of the French Court of Cassation recently handed down an important decision on the admissibility of unfair evidence in civil cases
Monaco Litigation, Mediation & Arbitration

The plenary session of the French Court of Cassation recently handed down an important decision on the admissibility of unfair evidence in civil cases1.

In a reversal of its case law, the Court judged that unfair evidence is not in principle inadmissible in civil cases.

In this case, a company had dismissed one of its employees for gross misconduct and wished to justify the reality of the reason for the dismissal by producing audio recordings obtained without the employee's knowledge. The Court of Cassation reversed the decision of the Court of Appeal, which had rejected these documents on the grounds that, in civil proceedings, disloyalty in obtaining or producing evidence does not necessarily mean that it should be excluded from the proceedings.

In the end, France's highest court followed the principles laid down by the European Court of Human Rights, which held that when the right to evidence conflicts with other rights and freedoms, in particular the right to privacy, it is up to the judge to weigh up the various rights and interests involved in order to determine whether the inadmissibility of the evidence undermines the fairness of the proceedings.

The application of this case law, particularly in family law, could have major consequences if unauthorized audio recordings or stolen correspondence for instance become admissible evidence.

Monegasque courts, inspired by this new French case law, could in turn decide to accept unfair evidence in civil matters if it represents the only means of defence.

Footnote

1. Cass.ass.plén, 22 déc 2023 n°20-20648

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More