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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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
back-to-top-scroll