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Cyber-attacks on trial

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

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