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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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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