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Civil fraud: it’s time for a digital upgrade

26 January 2024 / Mary Young
Issue: 8056 / Categories: Features , Fraud
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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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NEWS
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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