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28 May 2021 / Celso De Azevedo
Issue: 7934 / Categories: Features , Cyber , Technology , Procedure & practice
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Cyber-attacks on trial

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Celso De Azevedo examines cyber-attacks, theft of confidential information & Norwich Pharmacal orders
  • The Court of Appeal has refused to order the cross-examination of a defendant on their Norwich Pharmacal affidavit in connection with cyber-attacks, hacking of the claimant’s bank account, and theft of confidential information.
  • In doing so, the court has confirmed that it is ready to use traditional legal remedies in cases such as those concerning cyber-attacks.

In Stokoe Partnership Solicitors v Grayson and others [2021] EWCA Civ 626, the Court of Appeal considered the test for ordering the cross-examination of an individual, prior to trial, on the content of his sworn affidavit which had been provided pursuant to a Norwich Pharmacal order.

Factual background

The claimant, a UK-based criminal law firm, had been the victim of cyber-attacks after taking on the case for a detainee who had been imprisoned for fraud in the United Arab Emirates. The proceedings concerned allegations against several defendants in connection with cyber-attacks, hacking of the claimant’s bank account, and theft of confidential information.

In two linked sets of proceedings, Norwich Pharmacal

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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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