How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Max Lowry Your Own Question

Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1412
Experience:  LLB, 10 years post qualification experience
51031577
Type Your UK Law Question Here...
Max Lowry is online now
A new question is answered every 9 seconds

Hi, my ex wife has accessed my personal e-mail without authorization

Customer Question

Hi,

my ex wife has accessed my personal e-mail without authorization to forward herself information to support her petition against me. I can see the logon details through Gmail and occurred when I was out of the country. The IP address is for our ISP in the UK.

Has she broken the law?
Submitted: 1 year ago.
Category: UK Law
Expert:  Max Lowry replied 1 year ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

If she accessed your account without authorisation, she would have committed an offence under the Computer Misuse Act 1990.

Customer :

Thanks,

Customer :

Do I need to raise this against her petition?

Customer :

Also, do I pursue via the Police or a Solicitor?

Max Lowry :

You can raise it, and the court does have a discretion to exclude evidence which has been improperly obtained. However, there is a tendency for the courts still to admit wrongfully obtained evidence.

Max Lowry :

However, where it does admit the evidence, it can impose severe costs penalties upon the person seeking to rely upon it.

Customer :

And what would these penalties typically be?

Max Lowry :

Well, the court could order her to pay the complete cost of the court proceedings. That is the most severe penalty.

Customer :

For the divorce proceedings?

Customer :

Is it better to take out a separate claim after the divorce is complete?

Customer :

Has there been any successful cases in the UK?

Max Lowry :

If it is a fully contested divorce, legal cost will incurred, and the court has a complete discretion as to who should pay those costs.

Max Lowry :

Any costs orders would have to be made in the proceedings to which they relate. You could not start a separate proceedings afterwards.

Max Lowry :

There are many costs decisions involving issues like this throughout the country all the time, so I'm sure it has been ordered at some point in the past. Cost decisions are very rarely recorded in law reports, and so it is impossible to tell you what the frequency of this kind of order actually is I'm afraid.

Max Lowry :

What I can say, however, is that Courts do look down on people obtaining evidence unfairly and unlawfully, although they do like to get to the truth and will admit such evidence in some cases.

Customer :

OK, thanks. By suubmitting to the court now, will this help me when sorting the financial arrangements?

Max Lowry :

Probably not in any considerable fashion. The financial arrangements will come down to things such as dependents, needs of the parties, and so on really, rather than the way she accessed information in the process of divorce.

Max Lowry :

Does this answer your question this evening?

Customer :

So in essence I make sure that the court knows she obtained the information illegally?

Max Lowry :

Yes, there is no harm in that at all.

Customer :

OK, thanks Max

Max Lowry :

Thank you. Have a great evening!

Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1412
Experience: LLB, 10 years post qualification experience
Max Lowry and other UK Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.

Hi Whilst it is indeed an offense there is no action that the Police are likely to take as it will bee seen as a "domestic matter. With regard to costs I am afraid that the above is not correct within divorce proceedings. The easiest way to avoid costs is to make it clear that the only basis on which you will not defend the matter would be if she withdraws her claim for costs. This is a common agreement that is made and will save you considerable costs as well If you decide to defend on the basis that her "evidence" was obtained illegally then you will be in long drawn out legal proceedings which will be expensive If the Court does allow the evidence then from what you say the divorce will go ahead and the only part where you might benefit is not having to pay her legal costs - she certainly will not have to pay yours on the grounds that you should not have defended it - Judges tend to be robust about these things - so you will have wasted considerable sums of money for nothing - and the fact that you have caused such a waste of money could well count against you in the financial matters Claire

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice