Published on: 08 April 2024
Published by a Law360 reporter
Search for ‘EncroChat’ and you will be met with a deluge of criminal cases stemming from Dutch and French law enforcement’s recent penetration of the encrypted messaging platform. In the UK, Justice Ian Burnett, in the Court of Appeal of England and Wales on 16 March 2023 in R v Peter Murray, recorded 950 convictions tied to EncroChat evidence, and 1,800 defendants awaiting trial where such material sits at the heart of the prosecution; most are in custody. The infiltration of the messaging tool has sparked multiple legal challenges across jurisdictions, notably in the Netherlands and the UK, as outlined below. Yet whether this category of computer-derived material should be admitted, when judged against the integrity of the data, remains largely untested. This piece examines the EncroChat infiltration, the convictions, and the UK legal contests so far. It critiques the UK common law approach, which presumes computer evidence is accurate, sets out why that assumption is misplaced, and advocates a more discerning framework for evaluating the integrity of such material...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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