Search Orders in London, Birmingham and Northampton

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 In simple terms, a search order requires a defendant to allow the applicant’s solicitors to enter their premises to collect and preserve physical and electronic evidence that will support a case against them.

This is the only legal approach that gives your solicitor the authority to enter the defendant’s home, offices or other premises. However, it is crucial to act quickly and make your application before the defendant conceals or destroys the potential evidence. Thankfully, our specialist commercial solicitors excel at applying for search orders and will act swiftly to ensure that you can build a strong case against the defendant.

To get legal advice on search orders, contact our legal professionals at info@witansolicitors.co.uk. We will be more than happy to arrange an initial no-obligation consultation with our experts in Birmingham, London or Northampton.

Our Search Order Service

If you are entering proceedings but believe that the defendant will destroy important evidence that will affect the outcome of your case, it is wise to apply for a search order. No matter what your case is, there is no other way of ensuring that the evidence is preserved. Plus, this evidence may help you significantly during litigation.

Let our experts help you find condemning evidence and reach a settlement quickly. We will help with all aspects of search orders, from preparing applications to carrying out searches. 

Who Can I Get a Search Order Against?

It is possible to obtain a search order against any party you have made a claim against, such as a company, an individual or even a representative of a group of defendants, provided you have made a claim against the entire group. 

What Premises Can Orders Cover?

Search orders can cover any type of premises. This means that both commercial and residential premises can be searched, including offices and homes. It is important that the premises you would like to be searched are specifically identified in the order and are under the defendant’s control.

In some circumstances, the court may grant a search order that covers premises outside of the UK.

What Evidence Will the Order Cover?

Orders need to set out what can be collected and preserved. They are commonly used to obtain a range of physical and electronic items, such as:

• Documents used and taken by former employees in breach of confidentiality clauses and restrictive covenants
• Customer information, price lists, invoices, orders and other materials as evidence of a former employee breaching a non-compete clause
• The manufacture of goods and items of machinery as evidence of a breach of intellectual property rights

What Do I Need to Prove?

As search orders are made without notifying the defendant, they are only granted if:

• Sufficient evidence exists to support the case
• The defendant’s actions have resulted in significant potential or actual harm to the applicant
• There is clear evidence that the defendant is in possession of incriminating evidence and there is a real possibility that they may destroy or dispose of it

It is important to keep in mind that, even if the above criteria are met, the court may still refuse to grant the order.

How Do I Apply For a Search Order?

To obtain a search order, you will need to:

• Have a strong case
• Demonstrate that the defendant’s actions have or will cause you considerable loss
• Show that the evidence held at the premises you wish to have searched will help you prove your case
• Present evidence of the defendant’s previous dishonesty
• Agree to pay any damages to the defendant caused by the search if the judgment is not in your favour

As there are strict procedures involved, it makes sense to seek advice from a knowledgeable lawyer. Our solicitors have a wealth of experience in applying for and successfully obtaining search orders for businesses.

Other Considerations

Bear in mind that if the court grants a search order, an independent, supervising solicitor will be appointed to ensure the court’s order is complied with. They also have a duty to serve the order and advise the defendant on their rights.

Why Choose Witan Solicitors?

Our extensive experience in commercial law allows us to offer our clients first-class legal advice on all aspects of search orders in the UK. Our specialist solicitors offer a comprehensive service and excel at dealing with large volumes of data and swiftly executing searches. We offer our clients all of the benefits below. 

• Over 100 years of combined legal experience
• Accurate, jargon-free legal advice
• Extensive experience defusing volatile situations
• Strong commercial acumen
• Proven record of success advising high-profile businesses 
• Search order service in Birmingham, London and Northampton