Category Archives: Evidence

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

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

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

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

Today brings us news of a criminal prosecution, for rape, which was withdrawn at trial when a newly-instructed prosecuting barrister first uncovered data on a phone which destroyed the prosecution case.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

Telephone records and contempt of court for false evidence

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

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

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

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LinkedIn entry as evidence of shadow director status

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