Anyone applying to court for a search order must give undertakings to the court. These are vital to fully understand. There are very serious
As part of the application for the search order, the applicant will have to provide certain undertakings to the court’s satisfaction as follows:
- to pay damages to the respondent if it is later shown that the search order should not have been granted. These are commonly known as undertakings in damages;
- in circumstances where the application is made without notice to the respondent (as is commonly the case), an undertaking that all relevant court documentation will be served on the respondent as soon as possible;
- if a claim form has not yet been issued, to undertake to issue a claim form as soon as reasonably practicable.
Compliance with any undertakings given is very important indeed. Breach of an undertaking can lead to the search order being discharged and the applicant being in serious trouble with the court. It can also lead to serious costs consequences.
Francis Wilks & Jones is one of the country’s leading firms of solicitors. We are experts in what we do and can assist with any freezing order undertakings you may have to provide.