Legal Hold and Chain of Custody

Litigation changes what a laptop is. Once proceedings are in prospect, a device or an account stops being an IT asset and becomes potential evidence, and its handling will be examined as closely as its contents. For solicitors in the commercial district and in Chester, and for the clients they act for, preservation is placed on a documented footing built to be picked over.

Scope first, then work. Diagnosis is free and comes at the beginning; the written scope follows, and the forensic fee is paid in full before an examiner opens the image. No fix, no fee all jobs except electronic and mechanical failures, chip level work, DVR and Forensic jobs. The whole price list sits on the data recovery cost page.

// the point at which a hold pays for itself

Moments that call for a hold

Preservation is cheapest at exactly the stage when it still feels premature.

A preservation letter, or a threat of proceedings, has arrived
A tribunal claim has been issued or is clearly coming
A device is queued for reissue while questions about it are open
A disclosure deadline is approaching and nothing has been captured
The other side has challenged the integrity of your evidence
A regulator or an insurer has asked for records

A hold is first of all a record

Before it is anything else, a hold is a document. The devices and accounts within scope are listed individually. Each is captured, and the capture is logged with the hour, the operator and the equipment used. SHA-256 values are taken as every image is written, so a later alteration presents itself as a failed verification rather than as a surprise under cross-examination. Originals are sealed into secure evidence storage and every subsequent movement — bench to safe, safe to court — is entered, with nothing left unaccounted for. Continuity is the first thing an opposing expert tests, and making it tediously complete is the object of the exercise.

The principles the handling answers to

Handling follows the digital evidence principles published by ACPO for UK policing and maintained now by the NPCC. No action should change the original. Anyone accessing it must be able to explain what they did and why. The audit trail must let an independent party repeat the work and reach the same result. One named individual carries overall responsibility. Work is prepared to evidential standards whether it is destined for an employment tribunal or for civil or criminal proceedings. Admissibility is for the court to decide, so no honest practice promises it; what can be promised is a method that gives the court nothing to hesitate over.

How a strong case quietly weakens

Most evidence lost in litigation is lost innocently. A laptop goes to a new starter. An account is purged in routine housekeeping. A technician has a well-intentioned look. With proceedings in prospect, reuse is the danger: it overwrites, it shifts dates, and it invites the suggestion that whatever is missing was inconvenient. The advice is dull. Book the capture for the day the hardware comes back, not after three weeks in a drawer. Reissue a machine only once its image has verified. Record every step in between.

Output shaped for disclosure

Preserved material has to be produced eventually, so the output is built for that from the beginning. Findings come first, in plain English. Method sits in an appendix an opposing expert can follow. The exhibit schedule ties each image to its hash values, its custody history and the device it came from. Claims in the Business and Property Courts, whether in Liverpool or in London, are organised around the disclosure duties in Practice Direction 57AD. Where the appointment is as single joint expert, or the parties have agreed directions, those terms govern the work and CPR 35.3 places the duty with the court.

The bench discipline all of this rests on is described at the forensic recovery hub. Capture itself belongs with workstation deep imaging, and the matter a hold most often protects with employee data theft. The fee itself is on the prices page.

// inside the custody file

What a hold instruction produces

A file the other side is welcome to read line by line, which is the entire point of it.

The schedule

Every device and account within scope, listed and dated.

Capture log

Hour, operator and equipment recorded against each image.

Hash register

SHA-256 at capture and at every verification since.

Storage record

Exhibits sealed into secure evidence storage, with movements entered.

Custody forms

A signed trail across every handover, with nothing absent.

Exhibit list

Disclosure-ready, tying each image to its source and its hash.

// the fee, and who may instruct

The fee, and the basis we require

The price, without hedging

Diagnosis is free and takes 2 working days from the morning the parcel is opened. Nothing forensic runs under no fix, no fee. A forensic investigation ending in a written report is £800 + VAT, settled in full before the examination opens. Where no report is wanted, the binary image with deleted-file extraction stands on its own at £400 + VAT. Forensic work is paid for in advance, without exception. The same two figures appear on the prices page, and you are asked for nothing until the written scope has been agreed.

Who may instruct

Preservation work is carried out for a company across its own estate, and for solicitors on written instruction. Only three routes reach an examination and there is no fourth. Hardware the business itself bought. A written instruction from solicitors, from an insurer or from the court. Or a device belonging to the client, which in a family matter extends to a machine the couple own between them. Nothing is broken into on this bench. Live traffic is never intercepted: that power belongs to the agencies named in the Investigatory Powers Act 2016 and nowhere else. If a client may not lawfully look inside a device, the answer here is the same one.

// posting your device in

Sending it in — a padded box and a label

A hold is scoped by telephone before anything moves. Ring 0800 689 0668, work through the devices, accounts and dates with us, and exhibits then travel by tracked, insured post to the Manchester laboratory. Nothing is collected anywhere in this network. Each item is signed into secure storage with custody recorded from arrival.

Still screwed inside a laptop, tower, MacBook, iMac, server or a CCTV recorder? Take the drive out and post that on its own. We do not strip machines here, and any computer shop will do it in a few minutes. The one job nobody can take on is flash soldered straight to a logic board, as on Apple Silicon Macs and a handful of very slim laptops: if the storage will not unbolt, there is nothing to send.

  • Wrap it well and use a box or padded envelope stiff enough that nothing rattles. Hold on to the cables, caddies and power supplies; they are no help at this end.
  • Fill in the shipping and booking-in form (PDF) — name, number, and a line or two about what went wrong — and drop it in the box beside the drive.
  • Royal Mail Special Delivery gets it here tracked and insured. Book your own courier instead if you prefer; either way the parcel is signed for.
  • Driving over instead? Reception at the Manchester address below accepts drop-offs, Mon–Fri 9:00am–5:30pm. What there is not, anywhere, is a Liverpool counter or a collection service.
// the address on the parcel

Manchester Data Recovery

Manchester Data Recovery
Peter House, Oxford Street
Manchester, M1 5AN

↓ Print the shipping & booking-in form (PDF)

Address it to Manchester Data Recovery. It is roughly 35 miles from Liverpool along the M62 if you fancy the run, and next working day by tracked post if you do not. We ring or email the moment it is booked in, and the free diagnostic closes 2 working days after that.

Not sure what belongs in the parcel? Call 0800 689 0668 before you tape it shut, or step through the free online diagnostic first.

// legal hold — from instructing solicitors

What solicitors check before instructing

Deciding which devices and accounts are in scope, capturing them with hashes that verify, sealing the originals into recorded storage, and documenting each step as it is taken. Days rather than weeks, as a rule. The business carries on with replacement equipment while the evidence stays still.
No, and anyone who offers that guarantee should worry you. Admissibility is decided in the courtroom on the day. Our contribution is preparation to evidential standards — ACPO and NPCC principles observed, hashes verified, custody complete, method disclosed — which makes the decision straightforward.
Damaging rather than fatal, usually. Registries, journals and snapshots often survive reuse, and server and cloud records cover much of what the endpoint has lost. Capture it now, stop any further use, and let the report set out the handling history exactly as it happened. Stating it costs far less than concealing it.
Yes, and it strengthens the exercise. A joint instruction, an agreed scope or a direction of the court governs the work, with the duty attaching to the proceedings rather than to a party. The custody file reads the same whoever instructed it.

Preserve first. Argue from firmer ground.

A hold arranged this month costs less than one you have to explain next year.