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30 April 2021
Issue: 7930 / Categories: Legal News , Disclosure , Technology , Criminal
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NLJ this week: Justice in the age of the smartphone

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There’s a new legislative tool in town and it could be a game changer for criminal lawyers, Kingsley Napley criminal litigation partners Sandra Paul and Rebecca Niblock write in NLJ this week.

New guidance and a recent case address the vexing issues of whether a complainant should be required to give their mobile phone to investigators and how the police and prosecution should handle such vast reams of data.

‘From a defence lawyer’s perspective, [the case’s] (implicit) weighing of the Art 8 rights of complainants against suspects’ right to fair trial has tipped the scales into potential injustice,’ they write.

‘If no complaint or judicial notice arises from a complainant deliberately deleting relevant data, it is difficult to see how the right to a fair trial is preserved for the defendant.’

Paul and Niblock take a comprehensive look at the questions that arise and the potential approaches available.

Issue: 7930 / Categories: Legal News , Disclosure , Technology , Criminal
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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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