Advice on seeking social media disclosure

Do you need a court order to get disclosure from social media platforms

The UK High Court's approach to granting social media disclosure

What happens after your lawyer obtains disclosure from social media platforms

Can you obtain disclosure orders from social media companies who operate from outside the UK

Do social media platforms co-operate with disclosure order application

Do you need a court order to get disclosure from social media platforms

Yes. Social media disclosure refers to the act of revealing users' personal information to third parties, either intentionally or unintentionally, by social media platforms. This information may include users' full names, email addresses, locations, interests, and browsing habits. Social media disclosure has become an increasingly significant concern in the digital age, as data breaches and privacy violations have become more common. The importance of obtaining social media disclosure through the courts lies in the fact that user's personal information is valuable and, if disclosed without their consent, could be used for malicious purposes. Therefore, it is crucial for social media platforms to ensure that they have robust privacy policies and security measures in place to protect users' personal information from any unauthorised access or disclosure.

The UK High Court's approach to granting social media disclosure

. In the United Kingdom, the justice system has adapted to the rise of social media as a source of evidence in criminal and civil cases. The UK High Court approach to granting social media disclosure starts with a clear understanding of the relevance of the social media content to the case at hand.

The court will consider whether the material is likely to contain admissible evidence, whether it is accessible, and whether the privacy rights of the account holder and other individuals could be affected by disclosure. The court will also weigh the potential harm to the administration of justice if the evidence is not disclosed.

If the court decides that disclosure is necessary, the order will typically require the social media platform to provide access to the relevant data or information. It is important to note that the UK High Court's approach to granting social media disclosure is subject to the ongoing debate and legal challenges as social media continues to evolve and raise new legal questions.

What happens after your lawyer obtains disclosure from social media platforms

After your lawyer obtains disclosure from social media platforms, there are several steps that both you and your legal team should take. The first step is to carefully review and analyse the information that has been obtained. This includes examining any posts, messages, profiles, or other data that has been provided by the social media platforms.

Your lawyer will likely use this information to build a stronger case on your behalf and to develop a strategic legal approach that takes into account the evidence that has been uncovered. It may also be necessary to engage in further investigation or discovery, depending on the nature of the case and the information that has been obtained.

Throughout this process, it is important to work closely with your lawyer to ensure that your legal rights are protected and that your case is handled in a professional and ethical manner.

Can you obtain disclosure orders from social media companies who operate from outside the UK

Yes. you obtaining disclosure orders from social media companies who operate from outside the UK. However, obtaining disclosure orders from social media companies that operate from outside the UK is a complex and challenging process. Social media companies often store data on servers located in multiple countries, making it difficult to determine which country's laws govern the data. Furthermore, many social media companies operate under the laws of their home country, which may not align with UK laws regarding disclosure.

This can create significant legal and jurisdictional complexities when attempting to obtain disclosure orders from social media companies. Additionally, social media companies may be reluctant to share user data due to privacy concerns, even when a valid court order has been obtained. These factors make it imperative to work with an experienced solicitor who can navigate the intricacies of obtaining disclosure orders from social media companies outside the UK.

Do social media platforms co-operate with disclosure order application

Yes. In most cases, social media platforms co-operate with disclosure order applications. In most cases, they agree to co-operate on a voluntary basis which means that you may be excused from making an application to the court to formally serve the disclosure order outside of the jurisdiction.

The co-operation also means that the process of obtaining the disclosure is made cheaper and more affordable as if you can agree on the terms of a disclosure order with a social media platform, the court may excuse the need to have a hearing in person. This, again, helps smooth out the process and reduces the costs of obtaining the disclosure order from the social media platform.

Cohen Davis an award winning and the UK first true social media litigation law firm.

Our social media litigation lawyers prepare trial strategies from the very first day we are instructed on a case, which often helps us resolve matters very swiftly. Our social media litigation lawyers conduct cases both in the UK and in the USA and work together with some of the very best USA attorneys.

We issue and serve injunctions and subpoenas quicker than our client can often imagine is possible and our social media litigation lawyers regularly deal with lawyers from Facebook, Google and Twitter ensuring a smooth and fast delivery of fantastic results for our clients.

Do you want to qualify as a solicitor but already have a non-law degree?

If you already have a university degree in a non-law subject but your passion is really in law, our newest Post-Graduate Legal Apprenticeship for degree holders will help you get all the additional experience and qualifications you need through to qualify as a solicitor through the Legal Apprenticeship route.

Can you do a Solicitor Apprenticeship where you already have a degree

What is the Post Graduate Legal Apprenticeship

What do you study during the Post Graduate Legal Apprenticeship

Why take the Post Graduate Legal Apprenticeship with Cohen Davis Solicitors

How to apply for Post Graduate Legal Apprenticeship

How to apply for an undergraduate legal apprenticeship

Can you do a Solicitor Apprenticeship where you already have a degree

Yes. You can take the Solicitor Apprenticeship route to qualify as a solicitor under our new Post Graduate Legal Apprenticeship route. If you already have a degree and would like to fully qualify as a solicitor through the apprenticeship scheme, you may do so under one of these two categories: You already have a law degree You already have a non-law degree

If you already have a law degree you may be able to apply to Cohen Davis to qualify as a solicitor through Solicitor Apprenticeship, provided you have achieved a 2:1 grade in your law degree. If you already have a non-law degree, you may be able to qualify as a solicitor through Solicitor Apprenticeship after you have successfully completed a Graduate Diploma in Law (also known as GDL Law Conversion Course) or a Postgraduate Diploma in Law (also known as PGDL- law conversion).

What is the Post Graduate Legal Apprenticeship

The Post Graduate Legal Apprenticeship is an apprenticeship opportunity which offers postgraduates an alternative route to qualification as a solicitor after completing a law degree or conversion course. It will refresh and revise prior learning of foundational legal knowledge and build on it with new knowledge in the five areas of practice assessed within SQE1.

The Post Graduate Legal Apprenticeship takes 30 months to complete, during which, apprentices combine practical experience, working with some of the most renowned internet law specialists in the UK and an academic study toward to SQE1 undertaken with the award winning legal specialist university BPP.

What do you study during the Post Graduate Legal Apprenticeship

• In year 1: you will cover Property Law and Practice, Wills and Administration of Estates and Business Law and Practice.
• In year 2: you will cover SQE1 consolidation and revision and SQE1 assessments, Criminal Law and Practice and Dispute Resolution
• In year 3: you will cover SQE2 Coaching and the finalisation of the portfolio and you will have the SQE1 assessment and then the SQE2 assessment. Your academic studies will take place alongside your gaining of the best practical experience in this field of law in the UK. You will be working with qualified solicitors on real cases and will receive ongoing training and support throughout the course.

What take the Post Graduate Legal Apprenticeship with Cohen Davis Solicitors

At Cohen Davis, we have 10 years of experience, training solicitors, trainee solicitors and apprentices in internet law. We offer structured learning of this fascinating area of law through additional in-house training and practical work whilst working on real cases.

We believe that we are the best in what we do, and our desire is to create a new generation of internet law solicitors who will be able to meet the growing demand for internet law related work.

How to apply for Post Graduate Legal Apprenticeship

To apply for our September 2023 Post Graduate Legal Apprenticeship intake, please first read the Post Graduate Legal Apprentice job description. Email your CV, together with a cover letter to Support@CohenDavis.co.uk. Make sure that your cover letter contains enough information to allow us to make an initial assessment of your application.

Make sure your cover letter is unique and that it includes information about you, which explains why you wish to become a Post Graduate Solicitor apprentice and why you chose to apply to Cohen Davis Solicitors.

How to apply for undergraduate legal apprenticeship

If you want to apply for an undergraduate legal apprenticeship, we regularly visit secondary schools around the Essex area where we meet with pupils who are interested in applying for an undergraduate legal apprenticeship.

If you find from your career office that you are not due to visit your school this year, you can ask them to invite us or here you can find out more information about our undergraduate legal apprenticeship program and how to apply.

Sports lawyers help athletes manage their personal reputation

As sports lawyers, we provide unique, secure and highly discreet legal and reputation management advice and support. Our sports lawyers are invaluable to professional athletes who value security, discretion and strategic thinking.

The role of the sports reputation lawyer

What legal issues a sports lawyer handles

Why good reputation is so important for athletes and how can our sports reputation lawyers help protect their reputation

Why more athletes choose to work with Cohen Davis' sports lawyers

The role of the sports reputation lawyer

A sports reputation lawyer is a lawyer who advises athletes and clubs on improving a reputation and can assist with managing a reputation while a client is in the public eye. We provide our clients with discreet advice on a variety of legal issues, ranging from contract negotiation, litigation, criminal accusations and blackmail. Our sports and reputation lawyers specialise in understanding the nuances of the sports and legal industries in the context of the importance of maintaining a positive online reputation which can be a valuable asset in the success of the athlete. You can trust us implicitly.

We have the knowledge and experience to guide the athlete through tough legal and ethical decisions, as well as to mediate disputes. With the ever-changing landscape of the sports and legal industries, having a dedicated sports and reputation lawyer is often a necessity.

What legal issues a sports lawyer handles

Sports and reputation lawyers help athletes, sports organisations, and other high-profile people protect their reputations and legal rights. They handle a wide variety of legal issues related to sports, including contract negotiations, intellectual property, endorsements, employment issues, criminal law and more. They also provide advice and counsel to their clients on public relations, media relations, and crisis management.

For those who may be facing criminal charges, our sports and reputation lawyers can be invaluable in ensuring the best possible outcome. They understand the unique needs of athletes and the club and as such provide pragmatic, practical and realistic strategies to ensure that the athlete and the club can protect their rights.

The work that we do as sports and reputation lawyers is becoming increasingly important for any athlete or celebrity hoping to protect their image. Our sports and reputation lawyers work to protect their clients from being sued for libel or slander, from being blackmailed or taken advantage of in any way.

Why good reputation is so important for athletes and how can our sports reputation lawyers help protect their reputation

Athletes rely heavily on their public image and reputation to maintain their success in their sport. A good reputation can help them get sponsorships, endorsement deals, and even media attention. A good reputation can also help an athlete stand out in a competitive job market. Unfortunately, athletes are vulnerable to negative publicity and can easily have their reputations tarnished. A negative reputation can create obstacles for them to achieve their full potential.

A sports lawyer can help athletes protect their reputation by taking proactive steps such as monitoring social media posts and online articles, responding quickly to negative publicity, and providing strategic guidance on how to handle any reputation-damaging issues.

A sports reputation lawyer can help athletes protect their reputation by providing professional advice on legal matters that may affect their reputation, such as defamation, libel and slander cases, false accusations of sexual nature and blackmail and extortion. Additionally, a specialist reputation lawyer can help an athlete create and maintain a positive presence in the media and on a web page, such as by creating a social media strategy and monitoring what is said about the athlete online.

Why more athletes choose to work with Cohen Davis  

Being a small niche law firm, we know how to keep a secret. We are highly discreet. In most cases, it is only the athlete and the lawyer who works directly on the case that will know the full details of the case. To ensure that our clients' privacy remains a top priority, we have a secure and password-protected app. All communication and documents related to a client's case are securely uploaded to the app.

All client data is strictly confidential and can only be accessed by the lawyer working on the case and his/her assistant. All our communications with our clients happen on our fully encrypted app, which is as easy to use as sending an email.

Our sports and reputation lawyers are an invaluable resource for athletes and club managers in terms of protecting their reputations, safeguarding their careers and rights, and providing legal counsel and advice. They are experts in understanding the intersection between sports and the law, and they are well-versed in managing the complexities of the sports world.

Above all, they understand the importance of confidentiality and discretion when it comes to their clients, and they strive to provide a safe and secure environment for their clients so they can focus on their sport.

What to do if your arrest has been reported in the press

If you had been arrested and your arrest has been reported by the police, you may be able to take down the news reports and sue the police for defamation and for breach of your right to private life.

Suing the police for defamation in the UK

How to bring a claim for defamation against the police

How can reporting someone’s arrest by the police be considered defamation

Suing the police for defamation in the UK

Suing the police for defamation in the UK can be a complex and challenging process. In general, defamation occurs when a person makes a false statement about another person that causes harm to their reputation. Defamation can take the form of either libel or slander, with libel being written defamation and slander being spoken defamation. In the context of suing the police for defamation, the situation may arise where the police have made a false statement about an individual that has caused harm to their reputation. This could occur, for example, if the police released a statement to the press that wrongly accused an individual of committing a crime.

How to you bring a claim for defamation against the police

To bring a defamation claim against the police, an individual would need to demonstrate that the police had made a false statement about them that was communicated to at least one other person and that the statement had caused harm to their reputation. The individual would also need to prove that the statement was not privileged, meaning that the police did not have a valid reason for making the statement. It is important to note that there are several potential barriers to bringing a successful defamation claim against the police.

One of the main challenges is that the police may be protected by qualified privilege, which provides immunity from liability for statements made in the course of their duties. However, this protection is not absolute, and if it can be shown that the police acted maliciously or recklessly in making the statement, then the protection of qualified privilege may not apply.

Another potential barrier is that the police may have access to more resources and legal expertise than the individual bringing the claim, making it more difficult to mount a successful challenge. For this reason, in some cases, Cohen Davis can offer clients who had been defamed by the police to take their case to court on a no win no fee basis. Overall, suing the police for defamation in the UK can be a difficult and complex process. It is important to seek legal advice from a qualified lawyer with experience in defamation law to determine whether a claim is likely to be successful and to guide you through the process.

How can reporting someone’s arrest by the police be considered defamation

Defamation by innuendo could occur in the context of reporting someone being arrested by the police. Defamation by innuendo occurs when a statement that is not explicitly defamatory can be interpreted by a reasonable person as having a defamatory meaning. In the context of reporting someone being arrested by the police in the UK, defamation by innuendo can occur if the way in which the report is written implies that the individual is guilty of the crime they have been arrested for, even if no such statement is explicitly made.

Training Contract vacancy media and social media law

We always have a training contract vacancy available for a quality candidate. We are accepting applications for training contracts on an ongoing basis. A training contract with Cohen Davis solicitors can last between 2 years, for a trainee solicitor who have already passed the LPC, to 5 years for those who wish to train with us and undertake the LPC at the same time.

We will also consider sponsoring the LPC for the right training contract applicant. Other than applications for training contracts we consider applications for positions of paralegal regardless of whether you already have a law degree. If you believe that you have what it takes to pursue a career with a niche law firm that specialises in internet law, please refer to the section of our website that explains more about applying for a training contract.

Being trolled on twitter by internet trolls could be hugely frightening and devastating for anyone, let alone for someone who is in the public eye

Our social media and harassment lawyers offer our clients who are being trolled on twitter, legal advice which in nearly all the cases makes the trolls go away forever.

The legal advice our lawyers give is based on long term experience and it always takes into consideration factors such as PR, reputation management, legal probabilities and above all, the well-being of our client.

How to instruct an internet law attorney in the US

If you are looking for a US internet lawyer or an internet law attorney to help you to obtain a court order, a disclosure order, a subpoena, or an injunction against a USA based website, our firm works with nearly 100 associate attorneys in the US and Canada.

Potential issues for UK clients who instruct the wrong internet law attorney in the US

Why instruct us to oversee your USA internet law case

Obtaining a subpoena against website operators in the US

Potential issues for UK clients who instruct the wrong internet law attorneys in the US

Whilst the internet provides access to information about lawyers and attorneys from all over the world, when it comes to your legal work, it is important that you ensure that the attorney you instruct across the ocean is of the highest calibre, is experienced in the area of law for which they accept your instructions and that their charges are kept under control. We know that for most individuals who have had a limited amount of dealings with lawyers and attorneys, let alone overseas, finding and then instructing a new lawyer, particularly in a relatively unfamiliar area of law and in another country, can be daunting. 

It is not only the costs to consider, but it is the quality of the work that most people would be concerned about when instructing from the UK, a US attorney. Internet law is the fastest growing area of law in the US, which means a growing number of attorneys are jumping on the internet law bandwagon, making a risky, treacherous and a highly complicated branch of the law, very dangerous to their unsuspecting clients. The damage that a well intending yet inexperienced US (or UK) attorney may cause your internet law case and to you personally, by misapplying the law or by misinterpreting a particular situation or by responding or initiating communication or proceedings inappropriately, or by filing for a claim or for a subpoena in the wrong jurisdiction is often irreversible. Inexperienced attorneys are the most common cause of the Streisand Effect, which is an unintended consequence of publicising more widely the very same information you might be trying to protect or remove from the internet.

Why instruct us to oversee your US internet law case

If you are looking for a US internet law attorney, you can stop searching now and start relaxing because you have finally arrived at a place of safety. Our lawyers have over 20 years of experience in handling UK-US legal matters and in obtaining and domesticating disclosure and other court orders in the US.

We know personally all the US attorneys that we work with, which are the very best and the most established US internet law attorneys. We have representative attorneys in nearly every State in the US. We carry out work for their US clients here in the UK and they take good care of our UK based clients who seek internet law legal advice in the US.

Obtaining a subpoena against website operators in the US

Before instructing a US attorney to obtain for you a subpoena against website operators in the US, make sure to speak to us as our associate attorneys in the US will be able to obtain subpoenas and disclosure orders from nearly every local court in the US.

This will give you assurance about the work which is carried out for you and will keep the legal costs under control. We speak to our US internet law attorneys almost daily and we meet each one of them at least once or twice a year. We want our clients to be safe, to feel safe and most importantly to be in safe hands, here in the UK and in the US, because the internet is borderless and because we care.

What to do if someone is trying to blackmail you?

If someone is trying to blackmail you, you will need to act very quickly to ensure that your identity is protected and that the blackmail is put to an end as quickly as possible. Being a victim of blackmail.

Table of content

What to do if someone trying to blackmail you

How to protect your identity if you are a victim of blackmail

Can the police protect your identity as a victim of blackmail

How quickly can a solicitor obtain a blackmail injunction

What to do if someone trying to blackmail you

Blackmail sextortion happens when a predator coerces their victim to either have a sexual relationship online or offline, through dating or through a one-off visit to an escort and then the blackmailer captures sexually explicit videos of images of the victim, often without the victim's knowledge or consent.

The blackmailer then uses the explicit material to threaten their victim to either send them more images or videos or to demand money, otherwise the blackmailer would publish the material online or send it to family and friends of the victim. Blackmail and sextortion are insidious, monstrous crimes which target the rich and famous but also normal people, adults and children.

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How to protect your identity if you are being a victim of blackmail

If you are being blackmailed, you will surely want your identity to be concealed and fully protected. The most likely way for you to achieve this, is, before speaking to the police, to consult with a specialist solicitor who, in most cases, will be able to apply for you to be anonymised on any court papers. This way, only the judge and your lawyers will be aware of your true identity.

Your lawyer will then be able to proceed with filing the case papers, without your name being mentioned, with the court and immediately after, apply for an emergency injunction, to prevent publication of your name in connection with the blackmail matter.

Can the police protect your identity as a victim of blackmail

Not always. It cannot be guaranteed that your identity, or details of blackmail will remain a secret if you go to the police for her. Furthermore, if you report the blackmail to the police, it is likely that the police will ask to see your mobile phone, WhatsApp messages and other private information from your mobile telephone. The problem is, you might not want strangers to have unsupervised access to your private communications.

Also, once you report the blackmail to the police, the information will be taken out of your control. You will now know who and how many people will have access the information. If you are famous or a person who is in the public eye, this could be a real issue for you.

How quickly can a solicitor obtain a blackmail injunction

An experienced solicitor can obtain an injunction to protect you from blackmail, very quickly, in most cases, within a couple of days and in urgent instances, this could be done immediately, even on a weekend, as an emergency injunction application

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What to do if you had been a victim of catfishing

Our lawyers have prosecuted some of the most complex catfishing cases in the UK and our clients have received substantial damages awards for the pain and suffering they have experienced at the hands of the catfish.

What is catfishing

Why is it called catfishing

Is catfishing illegal

Can you take someone to court for catfishing

What is catfishing

Catfishing is a form of internet fraud. Catfishing happens when someone uses images and information, or a borrowed ID of another person to create a new identity online that is used to manipulated unsuspected victims – sometimes using an individual’s entire identity as their own.

Why is it called catfishing

A catfish, is a predator fish that scuttles along the bottom of the ocean feeding on smaller and more vulnerable fish. A human catfish will use another person’s online identity to create a fake account and will then try to form relationships online, over social media websites such as Facebook, Twitter, Instagram or Snapchat. The victim believes that they are communicating with the person whose identity the catfish has stolen. Often the catfish would deceive their victim of catfishing into an online romance or an intimate relationship causing the victim to expose their vulnerabilities to the catfish.

Is catfishing illegal

Currently internet catfishing is not a specific criminal offence in the UK although there are indications that it might become a criminal offence in the future. Having said that, catfishing might be illegal if the activity of the catfish falls under a number of other, more general criminal offences and civil wrongdoings.

Catfishing and the criminal offence of fraud

In many cases catfishing involves fraud. The criminal offence of fraud includes identity theft. Victims can suffer both financial and emotional harm. Catfish often not only exploited their victims for money but they also exploit social relationships as a result of catfishing.

The Fraud Act 2006 includes offences that would apply to anyone who assumes a false or non-existent identity to commit fraud. Section 2 of the Fraud Act 2006, sets out the crime of fraud by false representation, which would cover a person pretending to be someone else for the purposes of making a gain for himself or another. Gain, is defined by section 5 of the Fraud Act as gain in money or property but it does not extend to emotional gain, sexual gratification or emotional gain. Because of the narrow definition of “gain” in the Fraud Act 2006, is difficult to prosecution people who commit catfishing online, unless they steal something tangible from their victims.

Catfishing and the criminal offence of harassment

Often, catfishing also involves the harassment of the victim which means catfish can be prosecuted under the Protection from Harassment Act 1997. Upon a conviction of harassment, the maximum sentence catfish could expect to receive is between 6 months to 10 years imprisonment, depending on whether the caused the victim to fear violence.

Catfishing and the criminal offence of malicious communications

When it occurs online, which is nearly always the case, the catfish could be prosecuted under the Malicious Communications Act 1998. Under section 1 of the Malicious Communications Act 1998, a catfish could be prosecuted if they send their victim of catfishing an electronic communication which conveys a message which is indecent or grossly offensive, a threat or an information which the sender knows to be false.

On a conviction under the Malicious Communications Act 1998, the maximum sentence that a catfish may receive is between 12 months to 2 years imprisonment, depending on the seriousness of the catfishing offence.

Can you take someone to court for catfishing

Yes. In many cases, as a victim of catfishing you can bring a civil case against a catfish for harassment, for misuse of your private information and for infringement your personal data rights under Data Protection Act 1998 and under GDPR. All the these civil wrongdoing can be brought to court at the same time with the likelihood of the victim being awarded an injunction and a substantial award of damages.

XLD v KZL [2020] EWHC 1558 (QB), is a case of blackmail following a relationship which was formed on an online dating website. The High Court granted both, an interim injunction and a permanent injunction to prevent the harassment of the claimant and the misuse of his private information by the defendant.

Information about the case of XLD v KZL

Who was the lawyer in the case of XLD v KZL

What was the case of XLD v KZL about

Did the claimant in the case of XLD v KZL succeed

Can a blackmail victim in the US be granted a privacy injunction in the UK

Lawyer in the case of XLD v KZL

Yair Cohen was the lawyer in the case of XLD v KZL. Yair Cohen of Cohen Davis was acting for the claimant who sought a privacy injunction.

What was the case of XLD v KZL about

The case of XLD v KZL was about privacy and harassment. The defendant blackmailed the claimant to the tune of £125,000 under the threat that she would disclose her relationship with the claimant to the claimant’s wife, children and business associates. The case was also about the right of a blackmail victim to obtain a privacy injunction, the right to be granted a privacy injunction without notice to the defendant and the right of the claimant to be anonymised on court papers.

Did the claimant in the case of XLD v KZL succeed

The claimant in the case of XLD v KZL succeeded with all his applications to the court. He was granted an interim injunction, a permanent injunction, a right to be anonymised and a right to have the initial hearing for an interim injunction without the defendant being present.

Can a blackmail victim in the US be granted a privacy injunction in the UK

In the case of XLD v KZL, the claimant was granted a privacy injunction against a UK based defendant, despite the claimant being a US citizen.