Goodbye Ye Olde Search Order….Hello SPIDI (Search, Preserve, Image, Disclosure & Inspection) Order

In TBD vs Simons [2020]EWHC30Ch the Court of Appeal has made it clear that the old form of Search Order which bundled up searching, preserving, imaging, disclosure and inspection is no longer fit for purpose. Each aspect of a Search Order must be identified and separately justified.

In a nutshell if your central concern is to prevent the evidence going walkabout you need to search and preserve. If in addition you need to immediately identify wrongdoers or where your money or products have gone you need to get an immediate disclosure and inspection order.

The fact everyone uses some form of electronic data storage device means that whichever order you need you must incorporate an Imaging Order to do the job properly.

Whilst the Court of Appeal’s findings are helpful, I still don’t think that even now they truly appreciate how quickly claimants need to act if they have any chance of recovering stolen funds.


To discuss these issues further, please contact:

Gary Miller

Partner, Mishcon de Reya LLP

+44 20 3321 7028

Keep reading

...
‘ENRC v. Gerrard’: Will International Investigations Ever Be The Same?
OffshoreAlert 2022, London This panel discussion is organised along the lines of the ‘BBC Question Time’ format with the panelists making some initial comments about the implications of the ‘ENRC v. Gerrard’ judgment and then answering questions from attendees.Among the topics to be addressed are: Is there a conflict of interest in a public authority
Read
Crypto and NFT Assets in Fraud and Asset Recovery Litigation
International Fraud & Asset Recovery Conference 2022, Singapore: ‘Panel 2’ Crypto and NFT Assets in Fraud and Asset Recovery Litigation (video) Session Chair: Gary Miller – Mishcon de Reya, United Kingdom Panelists: Lionel Chan – Oon & Bazul LLP, Singapore | Ardavan Amir-Aslani – Cohen Amir-Aslani, France | Earl Rivera-Dolera – Frasers Law, Vietnam |
Read
...
International Fraud & Asset Recovery Conference 2022, Singapore: ‘Opening of Conference’
Singapore 2022: Opening of Conference  
Read
...
International Asset Tracing and Recovery Course
When: 3 days over 3 consecutive Tuesdays in February-March 2023 (28 February, 7, 14 March) Where: Centre for Commercial Law Studies, Queen Mary, University of London, 67-69 Lincoln’s Inn Fields, London WC2A 3JB Method of delivery: In person. The course is a three-day programme that will help you build upon existing expertise in this area by focusing on
Read