Q&As

We are due to conduct a search order but the premises at which it was due to be conducted have been closed, what steps can we take?

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Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 31/03/2020

The following Dispute Resolution Q&A produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • We are due to conduct a search order but the premises at which it was due to be conducted have been closed, what steps can we take?

We are due to conduct a search order but the premises at which it was due to be conducted have been closed, what steps can we take?

The court has power to authorise one party to enter the premises owned by another party or prospective party in civil proceedings, and to inspect or detain and preserve evidence relevant to property which is or may be the subject of proceedings being kept there. Formerly known as ‘Anton Piller orders’ by reference to the case of that name, the jurisdiction of the court to grant search orders now derives from section 7 of the Civil Procedure Act 1997 and CPR 25.1(1)(h) .

Once the grounds are made out, the court will typically make an order along the lines of the model form of order contained in the Annex to CPR PD 25A.

It is important to realise that the order itself does not give the persons authorised to conduct the search the right to enter the premises (the civil court has no such general jurisdiction). Instead, the order is in personam, directed to the persons named in the order. It is a requirement that the order be personally served. In particular, the order containing a penal notice directs that:

  1. the order is to be complied with by the respondent and any director, officer, partner or responsible employee of the

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