Call +44(0)161 941 4000
Call +44(0)161 941 4000
They are a very useful tool where before commencing proceedings you believe that your opponent will destroy documents (often electronic documents) with the result that crucial evidence which your opponent would otherwise have to reveal is destroyed.
Often in these types of cases, most of the evidence of the Defendant’s wrongdoing will be in the possession of the Defendant’s themselves and a Search Order is the only certain way of ensuring that such evidence is preserved so that it can be used in the proceedings. They can bring a major advantage in litigation.
Often if condemning evidence against the Defendant is found, settlement follows very quickly because the Defendant recognises that he has been caught with clear evidence of his wrongdoing which will be used against him so there may be little point in defending the proceedings.
You can obtain a Search Order against any party who you have a claim against. A Search Order can be made against a company, an individual or a representative of a group of Defendants provided you have a claim against the whole group.
Any type of premises can be searched so that it includes both commercial and residential premises but the premises have to be specifically identified in the Order and they also have to be under the Defendant’s control.
They are usually within the UK but in limited circumstances, the court can grant a Search Order covering overseas premises.
The Order must identify what can be removed but it can include documents, computer records and files and actual items. It is commonly used to obtain:-
Because a Search Order is made without any notice to the person who it is directed towards and because it involves entry into another person’s property including their home, it will only be granted where:-
The court has an overall discretion even if the above criteria is satisfied and may still refuse to grant a Search Order.
There are strict procedural requirements which have to be complied with. Our solicitors are experienced in applying for and obtaining Search Orders and are well aware of the detailed procedural requirements necessary to obtain an Order.
The court, if it grants a Search Order will require an independent solicitor to be appointed known as a Supervising Solicitor.
We have three senior solicitors in our team who have been appointed by the court to act as supervising solicitors.
We have therefore acted both in connection with obtaining and executing a Search Order and as supervising solicitors so we have a wide experience of this area.
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.
Adam is a Partner and is Head of our Commercial Litigation department
Sven is a Legal Director in our Commercial Litigation department.
Tim is a Senior Partner in our Commercial Litigation department
Suzanne is a Senior Solicitor in Myerson’s Dispute Resolution team
Gemma is a Solicitor within our Commercial Litigation department.