A search order enables representatives of the applicant/claimant to enter premises controlled by the defendant and remove or copy any documents, information or material specified in the order.
The application is made on an ex parte basis to the High Court by the claimant meaning the defendant will not be aware of the application.
It is a measure of last resort and granted in instances where there is the real possibility that the defendant will engage in the destruction or disposal of documents and material that are of relevance to the claimant’s case.
The court will grant a search order in support of a fraud claim if it is satisfied that this is the only way to preserve evidence for trial.
The execution of a search order requires an independent solicitor to supervise the search. The supervising solicitor is required to manage the search team which may include non-lawyers such as cyber experts for securing electronic data at the premises.