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Disclosure in the digital age

223028
Neil Swift, Fred Kelly & Zainab Bhadelia analyse the key findings of Jonathan Fisher KC’s independent review
  • In ‘Disclosure in the Digital Age: Independent Review of Disclosure and Fraud Offences’, Jonathan Fisher KC concludes that the structure of the disclosure regime is sound, and that the ‘keys to the warehouse’ approach ought to be rejected.
  • The government urgently needs to invest in training and resourcing so the system remains fit for purpose.

On 20 March 2025, Jonathan Fisher KC published Part 1 of the findings of his independent review of disclosure and fraud offences (the report), following the release of his preliminary findings in April 2024.

In the wake of recent high-profile disclosure failings which led to the collapse of several Serious Fraud Office (SFO) prosecutions, there were concerns about whether the current disclosure regime remained fit for purpose in a digital age, when complex cases often involve large volumes of data. As part of his wide-reaching review, Mr Fisher KC considered the appropriateness of both the ‘relevance test’ under the Criminal Procedure and Investigations

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NEWS
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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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