header-logo header-logo

16 May 2025 / Mary Young
Issue: 8116 / Categories: Features , Fraud , Technology , Privilege
printer mail-detail

New model order: falling short?

218606
The new model search & imaging order lacks the clarity needed for the digital age, argues Mary Young
  • The revised model search and imaging order brings a much-needed upgrade, but it leaves unresolved gaps around privilege, cloud-based data and enforcement.
  • This article examines what’s changed, what hasn’t and why supervising solicitors still face uncertainty.

In January 2024, I wrote about why the standard format search and imaging orders needed an upgrade to make them fit for purpose in a world where most documentary evidence is in digital form and much of that is stored on cloud-based systems (‘Civil fraud: it’s time for a digital upgrade’, 174 NLJ 8056, p11). My concerns arose in relation to certain gaps in the process that could give rise to uncertainties, in particular in respect of decisions that might need to be made by anyone appointed as a supervising solicitor under a search and/or imaging order.

On 6 April 2025, a new model search and imaging order came into force. The ‘Important Note’ at page 1 of the new model

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll