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16 May 2025 / Mary Young
Issue: 8116 / Categories: Features , Fraud , Technology , Privilege
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New model order: falling short?

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The new model search & imaging order lacks the clarity needed for the digital age, argues Mary Young
  • The revised model search and imaging order brings a much-needed upgrade, but it leaves unresolved gaps around privilege, cloud-based data and enforcement.
  • This article examines what’s changed, what hasn’t and why supervising solicitors still face uncertainty.

In January 2024, I wrote about why the standard format search and imaging orders needed an upgrade to make them fit for purpose in a world where most documentary evidence is in digital form and much of that is stored on cloud-based systems (‘Civil fraud: it’s time for a digital upgrade’, 174 NLJ 8056, p11). My concerns arose in relation to certain gaps in the process that could give rise to uncertainties, in particular in respect of decisions that might need to be made by anyone appointed as a supervising solicitor under a search and/or imaging order.

On 6 April 2025, a new model search and imaging order came into force. The ‘Important

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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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