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Non-forensic capture meaning

What does Non-forensic capture mean?
In legal practice, non-forensic capture describes collecting electronic documents or data without creating a forensic image and without reliably preserving the associated metadata and system artefacts. It is a descriptive term, not defined in legislation or case law, and is used across eDisclosure/eDiscovery, internal investigations, regulatory responses, DSARs and FOI work. Key features include use of screenshots, print-to-PDF, exporting or forwarding emails, or copying files in a way that may omit or alter metadata (such as timestamps, authorship, headers) and does not generate verifiable hash values or a full audit trail. It is typically quicker and cheaper than forensic acquisition but carries evidential risks: reduced ability to prove authenticity, continuity and chain of custody, and potential challenges to admissibility or weight. Across England & Wales, Scotland, Northern Ireland and Ireland, usage is broadly consistent. Courts and regulators expect parties to preserve relevant data and, where proportionate, metadata. In civil disclosure (for example when planning eDisclosure under procedural practice directions) and in criminal or regulatory contexts, a non-forensic approach should be justified by proportionality and risk, with originals preserved or forensically acquired where evidential integrity is critical.
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View the related Checklists about Non-forensic capture

CHECKLISTS
Publishing Agreement Negotiation and Drafting Checklist: Grant of rights, subsidiary and moral rights, formats and territories, fees and royalty accounting, warranties/indemnities, termination, dispute resolution and execution

How to use this Checklist This Checklist aims to flag common issues that emerge during the negotiation and drafting of a publishing agreement. For a model publishing agreement, see Precedent: Publishing agreement—pro-publisher. For more detail on matters raised in this Checklist, consult Practice Notes: Assigning intellectual property rights; Licensing intellectual property rights. Where appropriate, this Checklist can also act as the basis of a simple, non-binding heads of terms. For guidance on doing so, see Precedent: Heads of terms—commercial contracts. The third column can be used to capture observations or comments as the Checklist is completed. Checklist schedule for proposed publishing agreement Checklist Further information Notes (if any) Parties Verify each party’s legal status and consider whether any third parties (such as group affiliates) will benefit from the proposed agreement. Commencement, duration and termination Confirm the start or effective date. Determine whether the agreement lasts for the full copyright term in the work or for a...

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CHECKLISTS
UK non-broadcast/print advertising legal clearance checklist: CAP Code, DMCCA 2024 and CMA guidance (pricing, claims, endorsements, children, sector rules, AI, reviews)

This Checklist highlights the principal points to review when signing off advertising copy. It is designed to assist advertisers and their legal advisers in ensuring print ads adhere to statutory and self-regulatory requirements, including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), Committee of Advertising Practice (CAP) help notes, and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). For broader guidance on advertising controls, see Practice Note: Advertising law and regulation. A third column is available to capture remarks or observations as you progress through the Checklist... Checklist Further information Notes (if any) Introductory considerations Have you reviewed the CAP Code and CAP’s Formal Guidance, along with relevant guidance from trading standards bodies and the Competition and Markets Authority (CMA)? Non-broadcast advertising is governed by legislation as well as the CAP Code. For more detail, see Practice Note: Advertising law and regulation... Have you taken account of relevant consumer legislation? When...

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CHECKLISTS
UK print marketing campaigns: practitioner checklist on targeting, placement, agency contracts, data protection, DMCCA 2024/CAP Code compliance, comparative claims, IP, prize/price promotions and clearance

This Checklist supports planning for a print marketing campaign. It concentrates on marketing-specific needs, excluding wider transactional matters (eg contract formation, distance selling). Scope includes targeting and placement, agency agreements, data protection, advertising compliance, and prize or price promotions. It also addresses conformity with the UK’s legislative and self-regulatory framework, notably the unfair commercial practices rules in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Print ads remain pivotal to big-brand activity, across billboards, posters, brochures, leaflets, newspapers and magazines. In the UK, print advertising is overseen through a blend of industry self-regulation and statute. For a wider briefing on the UK advertising environment, see Practice Note: Advertising law and regulation. See also: Advertising copy approval—checklist; Planning a digital marketing campaign—checklist. A third column is available to capture observations or remarks while working through the Checklist... Checklist Further information Notes (if any) Targeting and placement ...

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NEWS
Weekly energy law update: security package, market codes, renewables, LDES, hydrogen/CCUS, nuclear reforms, planning rights and climate levy—key consultations, statutory instruments and practitioner deadlines

In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Nuclear energy Planning issues in energy projects Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials DESNZ announces accelerated measures to boost UK energy security DESNZ has unveiled a suite of actions to reinforce and speed up the UK’s energy security in light of events in the Middle East. For the first time, ‘plug-in solar’ will be permitted in the UK. The department plans to advance the next annual renewables auction to July 2026 and has confirmed that the government will adopt the Fingleton Review’s recommendations to hasten delivery of nuclear power stations. It has also moved to safeguard consumers, working...

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NEWS
US Eleventh Circuit: AAI's Missouri Trade Secrets Act claim against Boeing revived; unjust enrichment permitted notwithstanding contractual limitation; reassignment bid rejected

In a 31-page published opinion, the Eleventh Circuit overturned the lower court’s dismissal of Alabama Aircraft Industries Inc, formerly Pemco, under the Missouri Trade Secrets Act, but clarified that unjust enrichment is the sole remedy it can obtain against Boeing, as the parties’ contracts blocked all other avenues of relief AAI might pursue. The decision is the latest turn in a years-long trade secret misappropriation and breach of contract dispute first brought in 2011. AAI claimed Boeing pursued a prolonged strategy to capture a lucrative US Air Force contract for servicing the KC-135 aerial refuelling aircraft, a contract AAI said it had held for decades. The companies initially agreed in the 2000s to team up on a maintenance bid. However, AAI alleged Boeing later excluded it from the arrangement and then secured the award by pricing just 1% below AAI’s proposal. When the matter finally went to trial in 2020, a jury awarded AAI more than US$2 m for Boeing’s alleged conduct, which included breaching a non-disclosure agreement and their...

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NEWS
EU AI Act and International Arbitration: Territorial Reach, Risk Categories and Compliance for Arbitrators and Tribunals

The EU has rolled out a red carpet for AI in arbitration, but only those dressed for compliance get to walk it. Regulation 2024/1689 (the EU AI Act) took effect on 1 August 2024, setting companies on a path of steadily increasing obligations through to August 2026. Its purpose is to govern how AI is built and deployed so that systems are safe, transparent, traceable, non-discriminatory and environmentally sustainable. The regime is risk-led, slotting AI into risk-based categories (unacceptable, high-risk, limited-risk and minimal-risk), with legal obligations rising in line with the assessed risk. Core requirements include transparency, human oversight, cyber security and quality management, with the heaviest burden on high-risk AI. Its breadth and level of abstraction echo the EU General Data Protection Regulation. While the newest wave of AI—generative AI (Gen AI)—has only recently blossomed, the rules capture every AI system, with ‘AI system’ spanning simple algorithms through to sophisticated Gen AI systems. All sectors and users are affected, including law practitioners...

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View the related Practice Notes about Non-forensic capture

PRACTICE NOTES
UK financial conglomerates: FICOD and FICOR implementation, Brexit changes, FSMA 2023 revocation framework, and ongoing FCA/PRA supervision and reporting

Background Financial conglomerates are sizeable groups active across more than one financial arena—banking, investment and insurance. They typically have intricate structures, operate across borders, and the wider organisation may include unregulated entities (from a financial legislation perspective), as well as entities not involved in financial services or engaged in non-financial activities. Historically, the bancassurance approach has been the leading operating model for such groups. Bancassurers bring together banking and insurance within a single organisation, enabling a full range of financial products in a one-stop shopping model—from conventional banking, through mutual funds, to insurance products. For insurers, bancassurance opens new distribution channels supported by a stable customer base; for banks, it broadens the product mix and lifts profitability by selling more through the same infrastructure already in place, thereby reducing fixed and overhead operating costs (economies of scale). Financial conglomerates conduct a variety of financial activities, each supervised under its own sectorial regime. There was a concern that this sectorial focus produced gaps and failed to capture the risks generated...

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PRACTICE NOTES
Global merger control round-up—June 2023: non-notifiable deals under dominance rules, Morocco thresholds, Swiss exemption, HSR reforms, gun-jumping fines, and UK energy network mergers regime update

This month features a standstill and hold separate order by the Belgian Competition Authority against Proximus for a non-notifiable acquisition under abuse of dominance rules; amendments to Morocco’s merger control thresholds; the publication of draft Swiss legislation introducing, amongst other measures, a new exemption from the notification obligation; and the Federal Trade Commission in the USA proposing changes to the pre‑merger notification form and process. Belgian—BCA imposes standstill and hold separate order under abuse of dominance rules In our March 2023 monthly merger update, we noted that the Belgian Competition Authority (BCA) had launched an ex post investigation, based on abuse of dominance rules, into Proximus, the incumbent Belgian telecoms operator, following its recent acquisition of EDPnet. The transaction did not meet Belgian merger control thresholds owing to EDPnet’s turnover. This move follows the Court of Justice’s Towercast judgment of 16 March 2023, which confirmed that concentrations below merger thresholds can be subjected to ex post scrutiny for abuse of dominance. Towercast therefore recognises an additional path...

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PRACTICE NOTES
UK IHT on indirectly held UK residential property by long-term UK residents: Schedule A1, close companies, partnerships, relevant loans, two-year rule, de-enveloping and planning

STOP PRESS: At the 2025 Budget, the government confirmed plans to legislate against IHT avoidance that exploits the situs of personal assets and trust property. A key proposal expands rules on indirect holdings of UK residential property to capture UK agricultural property. For further detail, see: Budget 2025—Private Client analysis — International and Policy Paper: Inheritance Tax: anti-avoidance measures for non-long-term UK residents and trusts. This Practice Note outlines amendments to the excluded property rules from 6 April 2017 introduced by the Finance (No 2) Act 2017 (F(No 2)A 2017). As a result, UK inheritance tax (IHT) is charged on UK residential property owned by (or on behalf of) a long-term UK resident (LTR), whether held directly or via intermediate structures, unless the interest is through a diversely held vehicle. Before 6 April 2025, when domicile stopped being a relevant consideration for IHT, these provisions applied to individuals who were not domiciled, or were deemed domiciled, in the UK. For guidance on how domicile affected IHT, see Practice Note:...

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View the related Precedents about Non-forensic capture

PRECEDENTS
Law Firm Time Recording Policy: Procedures, Units and Rounding, Matter and Non‑Matter Time, Narratives and Billing Notes

1 Introduction 1.1 Precise time capture enables the firm to gauge the real cost of the services we deliver and to supply clients with comprehensive billing details. 1.2 Logging your time swiftly and correctly supports you in meeting your personal performance targets. 1.3 FAQs accompany this policy and can be accessed [ state where, eg on our intranet ]. For any queries about time recording, please reach out to [ state who will deal with queries ]. 2 How is time recorded? 2.1 Time should be entered in [ 6-minute units ]. 2.2 [ State exactly how time is recorded in your firm, which will vary from firm to firm depending on whether you use a case-management system, free-standing time recording system or manual time sheets ]. 3 When should time be recorded?...

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PRECEDENTS
Annual undertakings compliance review for law firms: data capture, register audit and action plan template

A: General information Date of the annual review [ Insert date ] Individual(s) carrying out the annual review [ Insert name ] [ Insert position, eg COLP ] B: Data 1 Rolling data Criteria During the last [ insert period, eg quarter ] Across the last 12 months Count of non-routine undertakings provided [ Insert number of non-routine undertakings given ] [ Insert number of non-routine undertakings given ] Count of non-routine undertakings discharged [ Insert number of non-routine undertakings discharged ] [ Insert number of non-routine undertakings discharged ] 2 Snapshot data Number of non-routine undertakings presently outstanding [ Insert number of non-routine undertakings currently outstanding ] Financial value of outstanding non-routine undertakings [ ...

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View the related Q&As about Non-forensic capture

Q&As
RLMT: If salary range added, must the 28‑day job advert restart?

Resident Labour Market Test (RLMT) When placing a vacancy under the resident labour market test (RLMT), a sponsor must retain a screenshot of the website taken on the day the advert first goes live, unless the advert itself shows the date it was posted, in which case the screenshot can be produced at any point while the listing remains valid. See Practice Note: Resident Labour Market Test. If the wording of the advert is altered, the screenshot held by the sponsor to meet the above requirement will not match the actual particulars of the role (including the remuneration package). This inconsistency could lead, on audit, to a finding that the RLMT process was not followed. To minimise the risk of non-compliance on this matter, it is advisable to repost the advert, capture the requisite screenshots on the first day it appears as required by the RLMT, and refrain from changing the advert’s contents throughout the minimum 28-day period...

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