Most documentary evidence is in digital format, mainly stored in cloud-based platforms, but is the new model search and imaging order, which came into force in April, fit for purpose? In this week’s NLJ, Mary Young, partner, Kingsley Napley, considers this question in depth.
In this valuable review, Young highlights some shortcomings, grey areas and practical problems in the new model, for example, its provisions regarding privileged and incriminatory evidence.
‘The supervising solicitor can exclude documents from a search based on a review and an assessment of privilege or arguable privilege/incrimination,’ she writes.
‘However, the new model order does not specifically address any issues of privilege where a digital image is being taken (such as where an image of an email account is being taken which might include emails exchanged with legal advisors).’RELATED ARTICLES
