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A Search Order is a Court order that provides for the preservation of the subject matter of a claim, or the preservation of documents or articles relating to a claim.
They are generally made before a claim is issued, though they can be made at any time during proceedings.
An order allows a party’s representative to enter the other party’s premises and search for, remove and detain the documents, information or material set out in the search order.
Obtaining a search order is not straightforward, and the applicant will need to demonstrate that the other party’s actions have resulted in serious potential or actual damage to the applicant; that there is actual evidence that the items are in the opponent’s possession, and that there is a strong case against the opponent.
We have experience in acting for parties in seeking such orders, and acting as Supervising Solicitors, as independent officers of the court to ensure that a search order has been properly executed. It is necessary for an applicant to appoint an independent solicitor to act in executing the Court order and to provide a report.
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