If you are concerned that an opponent in a dispute is likely to destroy or move evidence then you can apply for a search order. A search order is a form of injunction. It requires a defendant to allow the claimant’s representatives to:
Enter the defendant’s premises
Search for, copy, remove and detain documents, information or material.
The purpose of a search order is usually one or both of the following:
To preserve evidence
To preserve property which is (or may be) the subject of an action, or as to which a question arises in an action.
Once the documents, information or material are preserved, the purpose of the order is achieved. The Court is wary of granting search orders as they are such a draconian remedy. They can also be costly to obtain and execute. To be granted a Search Order you are obliged to provide full and frank disclosure in your application and provide an undertaking to pay any damages incurred. But, search orders can be invaluable in pursuing your action.
Our specialist team will help you decide if a search order is right for you and if it is, will ensure the application for and execution of the order is undertaken to the highest standards.