Search orders are one of the most powerful tools available in civil litigation. Often described as the most ‘draconian’ of the court’s powers, a search order allows solicitors to enter a respondent’s premises without notice to search for, preserve, and remove key evidence. Used correctly, they can be decisive in cases involving fraud, intellectual property infringement, or breach of confidentiality.
At Eldwick Law, our dispute resolution solicitors have deep experience advising clients on both obtaining and responding to search orders. We advise at every stage, from preparing an application to executing the order.
What Is a Search Order?
A search order is a court order permitting one party’s solicitors to enter another party’s home or business premises to search for and secure evidence relevant to litigation. The order is made without notice to prevent the risk of documents being destroyed or concealed.
Search orders are most commonly used in:
- Civil fraud and asset recovery
- Breach of confidentiality and misuse of confidential information
- Breach of restrictive covenants by ex-employees
- Trademark, copyright, and IP infringement cases
- Misappropriation of business data or client lists
When Is a Search Order Appropriate?
Courts will only grant a search order where:
- There is a strong prima facie case;
- The claimant faces serious harm if the evidence is not preserved;
- The respondent holds incriminating material, and there is a real risk of destruction if they are notified; and
- The impact on the respondent is not excessive or disproportionate.
Search orders are not granted lightly. They involve significant interference with the respondent’s rights and must be supported by compelling evidence, including full and frank disclosure of all relevant facts.
How We Assist
Our solicitors offer end-to-end guidance, including:
- Advising whether a search order is the right remedy
- Preparing the application, affidavits, and supporting evidence
- Coordinating logistics for multi-site or digital searches
- Responding to and resisting applications for search orders
- Applying to vary or discharge orders where necessary
We have acted for both claimants and respondents in complex, high-value, and cross-border commercial disputes involving applications.
Contact Our Lawyers
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Alternative to Search Orders
Given how intrusive search orders can be, courts will often consider whether a less severe option could achieve the same goal. Depending on the nature of your case, there may be alternative remedies that are more suitable. For example, a delivery up order can require the other party to hand over specific documents or items. A preservation order can safeguard important evidence by preventing its destruction or alteration, without authorising a physical search. In some cases, a Norwich Pharmacal Order may be used to obtain disclosure from a third party who is not directly involved in the dispute but holds crucial information. There are also doorstep orders, which allow your solicitors to attend the respondent’s premises and request the relevant material without entering the property.
Why Choose Eldwick Law?
At Eldwick Law, we always assess the circumstances carefully and will advise you on the most proportionate, strategic, and effective option to protect your position. Search orders demand a high level of technical accuracy, and a calm, methodical approach. At Eldwick Law, we bring a wealth of experience and a steady hand to these complex proceedings.
We have specialist knowledge of urgent injunctions and are well-versed in the procedural demands of applying for or responding to search orders. We regularly advise in cases involving fraud, breach of contract, and misuse of confidential data, and we are equipped to manage simultaneous searches across multiple locations where necessary.
We also provide practical guidance on managing large volumes of digital data, including liaising with forensic IT experts to ensure evidence is preserved without risk of damage. Above all, we recognise how stressful and invasive these orders can be. We act with discretion and care, working to protect your legal position while managing reputational and commercial risk.
Contact
If you are considering a search order or have been served with one, obtain expert legal advice today. Our team is available to provide immediate support and guidance.
Contact UsSearch Orders FAQs
When might I need a search order?
You may need a search order if you believe the other party holds crucial evidence and there is a real risk they will destroy or conceal it. Common situations include fraud, breach of confidence, theft of business data, or infringement of intellectual property rights.
Who can I get a search order against?
Search orders can be made against individuals, companies, or third parties who hold relevant evidence. You must show that you have a strong legal claim and that the material is at risk of being destroyed if action is not taken.
Can I get a search order before starting court proceedings?
Yes. In many cases, search orders are obtained before proceedings begin. However, you must undertake to issue the formal claim immediately after the order is granted.
Do I have to give notice to the other party?
No. Search orders are typically made without notice so that the respondent does not have the opportunity to hide or destroy evidence before your legal team arrives.
What does a Supervising Solicitor do?
A Supervising Solicitor is an independent lawyer appointed by the court to oversee the search. They serve the order, explain its terms, ensure it is executed lawfully, and protect the respondent’s rights throughout the process.
What kind of material can be taken under a search order?
The order can cover physical documents, electronic data, business records, and items connected to the alleged wrongdoing. Privileged or confidential materials that do not fall within the scope of the order cannot be seized.
Is the respondent allowed legal advice before the search begins?
Yes. Once the search order is served, the respondent must be given time to seek legal advice before the search is carried out.
How long do I have to retain or return the seized materials?
In most cases, documents and items seized must be copied and returned to the respondent within two days, unless the court specifies otherwise.
Can a search order be challenged or overturned?
Yes. The respondent has the right to apply to vary or discharge the order, usually at a follow-up court hearing (known as the return date). If the court finds that the order was improperly obtained or executed, it may be set aside.
What are the risks if I apply for a search order?
Search orders are intrusive and carry risks. If the order is later found to have been wrongly granted, you may be liable for the respondent’s legal costs or damages. You must also give the court an undertaking in damages before the order is made.