Category Archives: Evidence

When the car sneaks on you and your social media betrays you

Posted on November 11, 2019 by

English barrister Gordon Exall, he of the Civil Litigation Brief who is constantly informative as @CivilLitTweet on Twitter, reports on an interesting finding of fundamental dishonesty in a claim about an alleged motor accident. The judgment is Wise -v- Hegarty & Alpha … Continue reading →

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence | Tagged , | Leave a comment

Ricoh and ACEDS webinar on 8 October: using forensics to track the money

Posted on September 19, 2019 by

Most of what one reads about the use of forensic tracing of fraud is about the technology. This is neither surprising nor wrong in a world where crime investigators are constantly trying to catch up with technologically-skilled criminals. There is … Continue reading →

Posted in ACEDS, Discovery, eDiscovery, Evidence, Forensic data collections, Ricoh, Ricoh eDiscovery | Tagged , | Leave a comment

Hot crime scenes, Snowballs and the cloud – AccessData on the collection of evidence anywhere

Posted on June 21, 2019 by

AccessData has been collecting data for criminal and civil purposes for decades. A lot has changed over that time – not just volumes, and the types and sources of data, but the urgency with which it must be collected and … Continue reading →

Posted in AccessData, Cloud, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Forensic data collections | 2 Comments

Fish in a barrel – evidence on social media sends claimant to prison

Posted on April 16, 2019 by

Last week saw yet another case where evidence on social media contradicted a claim made by a party to litigation. You have to wonder when people will catch on to the public nature of such posts and their implications when … Continue reading →

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Social Media | 1 Comment

Significant locations in IOS and the spying potential of domestic smart meters

Posted on December 11, 2018 by

US lawyer and forensic investigator Craig Ball turns up in these pages quite often because he and I have a common interest in the easy availability of evidence from the devices which most of us carry and which, with or … Continue reading →

Posted in Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Forensic data collections, Internet of Things | Tagged | Leave a comment

Evidence on smartphones, in photographs and on social media

Posted on December 15, 2017 by

Today brings us news of a criminal prosecution, for rape, which was withdrawn at trial when a newly-instructed prosecuting barrister first uncovered data on a phone which destroyed the prosecution case. The police knew of the information, indeed had it … Continue reading →

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Multi-media discovery | Leave a comment

Non-conventional data sources and the crossover between litigation disclosure and privacy

Posted on October 3, 2017 by

Given a slot at last week’s Masters Conference in London, I chose to use it to talk about the sources of data which might easily be overlooked when giving or receiving data for disclosure / discovery. My subjects ranged from the … Continue reading →

Posted in Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Metadata, Multi-media discovery, Social Media | Leave a comment

Telephone records and contempt of court for false evidence

Posted on June 1, 2017 by

You do not often think of prisons in connection with the evidence given in civil proceedings, so you sit up when you see a judgment which begins: The Claimant, Accident Exchange Limited (“AE”) applies to commit the Defendants to prison … Continue reading →

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence | Leave a comment

More evidence from the Internet of Things – this time a Fitbit

Posted on May 12, 2017 by

It is about two years since people started predicting that the Internet of Things would become a source of potentially discoverable evidence. At the time, Fitbits recurred as a theoretical example of a device which could yield useful material in … Continue reading →

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Internet of Things | Leave a comment

LinkedIn entry as evidence of shadow director status

Posted on April 18, 2017 by

Lawyers are beginning to get the idea that the definition of a “document” in the discovery rules extends to entries on social media such as LinkedIn, Facebook and Twitter. There remains the perception, however, that these things are relevant only … Continue reading →

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence | Tagged | Leave a comment

I say metadata, you say EXIF data, let’s call the whole thing…evidence

Posted on October 17, 2016 by

I published an article this morning called Photographs and their metadata help scuttle a shipping insurance claim about the court’s use, in a case from England and Wales, of what the judge called the “metadata” from photographs taken of the ship. … Continue reading →

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Evidence, Metadata | Leave a comment