Search orders are often described as the most serious type of mandatory interim injunction available to an applicant
Search orders are very serious types of court order
Search orders are often described as the most serious type of mandatory interim injunction available to an applicant.
As such, the requirements when seeking such an order are extremely onerous and search orders are not granted lightly by the courts. The reasons for this are clear. A search order can allow an applicant’s representatives to enter a respondent’s premises and search for, copy, remove and retain documents, information or material.
The reason these types of court order exist is to enable a party to a claim (nearly always the claimant) to ensure that important documents and evidence are preserved and not destroyed by a defendant.
Search orders are not however intended to be used a way of obtaining evidence by a claimant. As a result they are only ever granted in circumstances where a less serious order such as a preservation or delivery up of documents order is unlikely to be adhered to and where the respondent is likely to go ahead and destroy crucial evidence relevant to the main proceedings.
Francis Wilks & Jones is one of the leading law firms dealing with freezing orders and search orders. Whatever your questions, we can assist. Call now for a friendly consultation.