This is a US based article written by the team at Bryan Cave Leighton Paisner which focuses on different types of messages. The author, Mark W Brennan looks at how these various correspondences have been reported recently across a number of cases – whether they are text messages, WhatsApp or other forms of instant/direct messaging.

I won’t comment on the cases specifically, but I did want to highlight how important these messages are when it comes to sources of information to be considered when undertaking a disclosure exercise, either for a court or to reply to a regulator.

That does not mean that they need to be collected, processed, searched, reviewed etc in every case – as it will often not be proportionate and/or relevant to do so…but they should at least be considered, and the decision taken should be documented each time.