Search orders explained
A search order can be a crucial tool in litigation, particularly in cases where there’s a risk that essential evidence might be destroyed or concealed. At Francis Wilks & Jones, we understand the high stakes involved in applying for, executing, or defending against a search order, and we’ve created a detailed PDF guide to help you understand these key issues. Download it now for a comprehensive overview of the process, requirements, and potential consequences of search orders.
What is a Search Order?
A search order, also known as an Anton Piller order, is a legal remedy that allows a party to enter the premises of another party to search for and seize evidence that might otherwise be destroyed or concealed. This type of order is named after the case. The primary purpose of a search order is to preserve evidence that is crucial to the applicant’s case, especially when there is a significant risk that the respondent might destroy or hide such evidence if given notice of impending litigation.
Search orders are considered one of the most intrusive remedies available in civil litigation and are only granted under strict conditions. The courts require a strong prima facie case of a civil cause of action, serious damage to the applicant if the order is not granted, clear evidence that the respondent possesses incriminating documents or articles, a real possibility of evidence destruction or removal, and that the harm caused by the order is proportionate to its legitimate objective. The courts are particularly cautious because these orders are typically made without notice to the respondent, to prevent the destruction of evidence before the order can be executed.
The execution of a search order involves strict procedures to prevent abuse. A supervising solicitor, who is an independent third party, oversees the enforcement of the order to ensure compliance with its terms and to protect the respondent’s rights. The respondent is allowed a short period to consult their solicitor and raise issues of privilege before the search is conducted. The courts also provide safeguards, such as the opportunity for the respondent to apply to vary or discharge the order before its execution.
In summary, search orders are a last-resort measure used to preserve critical evidence in litigation. They are granted only under stringent conditions to prevent abuse and ensure that the remedy is proportionate to the threat posed to the applicant’s case.
How FWJ Can Support You with Search Orders
Our team at Francis Wilks & Jones specialises in all aspects of search orders, from initial applications to enforcement and defence. We understand the complexities and high stakes involved and offer expert guidance tailored to your specific needs. Whether you are seeking a search order, need help ensuring compliance, or are defending against one, our experienced team is here to help you navigate the process.
Download Our Comprehensive PDF Guide on Search Orders
For detailed information on each of these aspects, download our free PDF guide on search orders. This guide provides in-depth knowledge of the entire process, from application to execution and compliance. Whether you’re considering applying for a search order or have been served with one, our guide will equip you with the knowledge you need to make informed decisions.
Whatever your situation, we can help. Contact our brilliant freezing order team. Or speak to Partner Stephen Downie or Maria Koureas-Jones for help today.
