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26 January 2024 / Mary Young
Issue: 8056 / Categories: Features , Fraud
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Civil fraud: it’s time for a digital upgrade

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In the age of digital data, search orders may have had their day. Mary Young argues that both search & imaging orders need to be redesigned
  • Standard search orders don’t reflect the reality of today’s data landscape. In some cases, imaging or hybrid orders could be more appropriate.
  • Considering some of the practicalities involved in the search and imaging before the order is made, may assist with a more efficient and cost effective exercise.

The courts have reminded us in numerous judgments that the primary purpose of a search order is to preserve evidence. As most documentary evidence is now in digital form, stored on devices or on cloud-based systems, it is usually possible to take an image of the data required without removing anything from premises, and without affecting the data being imaged. As such, it may be that where a search order would have been required in the past, an imaging order or some sort of hybrid order could now be more appropriate.

There is a standard format search order at Annex A, and a standard

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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
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