Search orders—the application

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Search orders—the application
  • Who can apply for a search order?
  • Against whom can a search order be made?
  • Defendants/proposed defendants
  • Third parties
  • When can I apply for a search order?
  • Delay in making the application for a search order
  • How do I apply for a search order?
  • In which court should I apply?
  • The supervising solicitor
  • More...

Search orders—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For further information, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

This Practice Note explains the procedure involved in making an application for a search order, including the relevant parties and how the usual interim injunction procedure is modified. It also explains the role of the supervising solicitor.

Note that the guidance that this Practice Note provides concerns the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

For related guidance on search orders, see Practice Notes:

  1. Search orders—guiding principles

  2. Search orders—the draft order and electronic documents

  3. Search orders—executing the order

  4. Search orders—key and illustrative decisions

Who can apply for a search order?

Anyone who is, or appears to the court likely to be, a party to proceedings may make an application for a search order (section 7(2) of the Civil Procedure Act 1997 (CPA 1997)).

In practice, if the applicant has not already commenced proceedings they must be prepared to do so ‘as soon as practicable’ after the search order has been granted because this is

Related documents:

Popular documents