Can a court order a solicitor to search a premises?

Can a court order a solicitor to search a premises?

In these cases, the court can grant a search order allowing one party’s solicitors to attend another party’s home or business premises to search for and seize specified goods or documents. The respondent will have no prior knowledge of the order until the solicitors arrive at the premises to conduct the search – normally first thing in the morning.

How long does it take to execute a search order?

The execution of a search order can be laborious and time-consuming. The search cannot be carried out until the supervising solicitor has explained the order to the respondent, and allowed it sufficient time to obtain legal advice – usually up to two hours but with the potential for the supervising solicitor to allow longer.

Can a search order be granted separately from court proceedings?

A search order cannot be granted separately from court proceedings. The applicant must prepare an affidavit setting out all the facts that it is relying on. Important documents should be referred to in, and annexed to, the affidavit.

Who is appointed to serve a search order?

There are very strict rules for the service and execution of search orders. Independent solicitors will be appointed by the court to act as “supervising solicitors” to serve the order and explain its terms and effect to the respondent. They will also supervise its execution.

The execution of a search order can be laborious and time-consuming. The search cannot be carried out until the supervising solicitor has explained the order to the respondent, and allowed it sufficient time to obtain legal advice – usually up to two hours but with the potential for the supervising solicitor to allow longer.

In these cases, the court can grant a search order allowing one party’s solicitors to attend another party’s home or business premises to search for and seize specified goods or documents. The respondent will have no prior knowledge of the order until the solicitors arrive at the premises to conduct the search – normally first thing in the morning.

A search order cannot be granted separately from court proceedings. The applicant must prepare an affidavit setting out all the facts that it is relying on. Important documents should be referred to in, and annexed to, the affidavit.

What are the steps in a search order?

Search orders are, by their nature, urgent and time-consuming – even in clear-cut cases. Preparation, witness and document examination, service and execution and further hearings are all an essential part of a successful search order.