header-logo header-logo

11 September 2009 / Martin Baldock
Issue: 7384 / Categories: Features , Expert Witness
printer mail-detail

Breaking through

Martin Baldock explains how a forensic expert cuts through electronic “fog”

Judges, counsel and board-level decision makers could be forgiven for being bewildered by experts telling them what can or cannot be done with technology. The pace of IT development is such that it is easy to be hoodwinked.

In a court of law this IT “innocence” becomes critical as those involved in cases and those hearing them risk falling victim to tactical assertions about electronic evidence.

Electronic evidence is increasingly at the heart of litigation today. This e-evidence can be gathered from desktop and laptop computers, mobile phones, BlackBerrys and even satellite navigation systems.

UK courts are beginning to experience the kind of tactical use of electronic evidence long seen in US courts with counsel arguing that information cannot be recovered or that, given the estimated value of the case being heard, it is not worth the expense involved in taking the e-disclosure process to another level.

This is where the evidence of the forensic expert witness becomes essential in cutting through obfuscation to testify to the truth of what can or cannot be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll