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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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