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26 January 2024 / Mary Young
Issue: 8056 / Categories: Features , Fraud
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Civil fraud: it’s time for a digital upgrade

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In the age of digital data, search orders may have had their day. Mary Young argues that both search & imaging orders need to be redesigned
  • Standard search orders don’t reflect the reality of today’s data landscape. In some cases, imaging or hybrid orders could be more appropriate.
  • Considering some of the practicalities involved in the search and imaging before the order is made, may assist with a more efficient and cost effective exercise.

The courts have reminded us in numerous judgments that the primary purpose of a search order is to preserve evidence. As most documentary evidence is now in digital form, stored on devices or on cloud-based systems, it is usually possible to take an image of the data required without removing anything from premises, and without affecting the data being imaged. As such, it may be that where a search order would have been required in the past, an imaging order or some sort of hybrid order could now be more appropriate.

There

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

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Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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