header-logo header-logo

Search & seizure: protecting confidential material

20 September 2024 / Jessica Parker
Issue: 8086 / Categories: Features , Criminal , Media , Judicial review , Fraud
printer mail-detail
189724
What happens when police seize confidential journalistic material following execution of a search warrant? Jessica Parker explains
  • Examines the law relating to the seizure of confidential material following execution of a search warrant.
  • Discusses the case of R (On the Application of LXP) v Central Criminal Court Commissioner of Police of the Metropolis [2023] EWHC 2824 (Admin), involving the seizure of journalistic material and culminating in judicial review.
  • Highlights the challenge faced by those subjected to searches in seeking to protect confidential material that the investigator had no power to seize.

The law relating to confidential material seized during the execution of a search warrant is likely to interest financial crime lawyers as much as their colleagues at the coalface, given the increasing use of searches by the Serious Fraud Office (SFO). There have been more in the past six months than in the previous director’s entire tenure.

A judgment towards the end of last year examined a number of thorny issues arising from the execution

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll