When Temptation Gets The Better Of You

In his latest blog, Family Law Solicitor Adrian Rose discusses a recent newspaper article and warns about the temptation of looking for your own evidence and invading someone’s privacy….

Family lawyers are often confronted with the after effects of momentary lapses and we are all capable of making mistakes. Often, these things can be resolved quickly, and apologies offered and accepted with no long-term consequences.

A case in the civil courts reported in the Sun recently shows what might have happened in different circumstances and gives us all a warning about how bad behaviour might be viewed if brought to the attention of the courts.

The case concerned a couple dealing with acrimonious proceedings in the family court. Looking for evidence of an affair, the wife opened the husband’s personal bank statements which he said was a breach of his privacy. The husband brought an application for an injunction to prevent this privileged material being used and referred to. Not only was he successful, the civil court agreed that his rights had been breached, the wife was also ordered to pay £54,000 in respect of the husband’s fees.

The judge also commented that whilst the family was dealing with the couple’s divorce settlement, the invasion of privacy should not be left to the family court.

The family court has long issued warnings to divorcing couples about snooping and obtaining documents belonging to the other without permission, and there are rules that govern how improperly obtained documents should be dealt with and returned. Costs penalties also follow if the rules are breached and ignored.

The position is therefore very clear – even if you think you have good reason and even if you think the circumstances of a separation justify your actions, don’t give into temptation and invade someone’s privacy. If you do, the likelihood is that neither the family court nor the civil court will have any sympathy with you and you may end up not being able to use your evidence and with a very big bill to pay too.

Further details of this story can be found online at: thesun.co.uk/news/uknews/14017976/man-sues-wife-affair-54000/

Adrian Rose
March 2021