header-logo header-logo

28 May 2021 / Celso De Azevedo
Issue: 7934 / Categories: Features , Cyber , Technology , Procedure & practice
printer mail-detail

Cyber-attacks on trial

49944
Celso De Azevedo examines cyber-attacks, theft of confidential information & Norwich Pharmacal orders
  • The Court of Appeal has refused to order the cross-examination of a defendant on their Norwich Pharmacal affidavit in connection with cyber-attacks, hacking of the claimant’s bank account, and theft of confidential information.
  • In doing so, the court has confirmed that it is ready to use traditional legal remedies in cases such as those concerning cyber-attacks.

In Stokoe Partnership Solicitors v Grayson and others [2021] EWCA Civ 626, the Court of Appeal considered the test for ordering the cross-examination of an individual, prior to trial, on the content of his sworn affidavit which had been provided pursuant to a Norwich Pharmacal order.

Factual background

The claimant, a UK-based criminal law firm, had been the victim of cyber-attacks after taking on the case for a detainee who had been imprisoned for fraud in the United Arab Emirates. The proceedings concerned allegations against several defendants in connection with cyber-attacks, hacking of the claimant’s bank account, and theft

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll