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16 May 2025
Issue: 8116 / Categories: Legal News , Technology , Fraud , Privilege
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NLJ this week: Evidence and the (flawed?) new model search and imaging order

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Most documentary evidence is in digital format, mainly stored in cloud-based platforms, but is the new model search and imaging order, which came into force in April, fit for purpose? In this week’s NLJ, Mary Young, partner, Kingsley Napley, considers this question in depth.

In this valuable review, Young highlights some shortcomings, grey areas and practical problems in the new model, for example, its provisions regarding privileged and incriminatory evidence.

‘The supervising solicitor can exclude documents from a search based on a review and an assessment of privilege or arguable privilege/incrimination,’ she writes.

‘However, the new model order does not specifically address any issues of privilege where a digital image is being taken (such as where an image of an email account is being taken which might include emails exchanged with legal advisors).’ 
Issue: 8116 / Categories: Legal News , Technology , Fraud , Privilege
printer mail-details

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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