header-logo header-logo

26 January 2024 / Mary Young
Issue: 8056 / Categories: Features , Fraud
printer mail-detail

Civil fraud: it’s time for a digital upgrade

154940
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

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

Orwins—Maryam Abbasi

Orwins—Maryam Abbasi

Senior associate joins family law team in London

Tees Law—Stephen Williams

Tees Law—Stephen Williams

Firm appoints chief financial officer as it expands Essex office footprint

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

NEWS
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
Some employment law controversies never disappear—they merely lie dormant
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
back-to-top-scroll