Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible.

When asked to re-examine the relationship between the right to evidence and the principle of fair proof, the French Supreme Court (Cour de cassation) reversed the position in its case law on 22 December 2023 (no. 20-20.648). The court accepted that, in civil litigation, a party can use evidence obtained unfairly (in this case, recordings of comments made without the commenter’s knowledge) to assert its rights.