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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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