header-logo header-logo

26 January 2024 / Mary Young
Issue: 8056 / Categories: Features , Fraud
printer mail-detail

Civil fraud: it’s time for a digital upgrade

154940
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

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll