Drafting note for application notice for a search order
Drafting note for application notice for a search order

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

  • Drafting note for application notice for a search order
  • Introduction
  • Relevant precedents
  • General points
  • Question 3 of the application notice—Order
  • Question 4 of the application notice—Draft order
  • Question 5 of the application notice—Dealing with application
  • Question 6 of the application notice—Length of hearing
  • Question 7 of the application notice—Trial date
  • Question 8 of the application notice—Level of judge
  • more

Introduction

The application should be made using Form N244 (Form N244(CC) if in the Commercial Court).

Application notice (Form N244)
PDF Format

Application notice—Commercial Court (Form N244(CC)) (Word)
PDF Format

Relevant precedents

For other relevant precedents, see

Affidavit in support of an application for a search order.

Search order.

General points

These drafting notes are to be used in conjunction with Form N244 and are not designed for use with Form N244(CC).

The extent to which the County Court can hear this type of application is restricted by the County Court Remedies Regulations 2014 (Regulations) (see: County Court freezing injunction restrictions lifted). If the County Court cannot deal with the application then it should be brought in the High Court under the High Court and County Court Jurisdiction Order 1991 (Order).

The intended defendant/defendant is not present at court during the hearing when the court decides whether or not to grant a search order. It is therefore very important to ensure that the application notice and, in particular, the affidavit in support, set out all information which should be made available to the court. In all documents submitted to the court when applying for a search order you must ensure that you do not mislead the court in any way by act or omission and that you disclose all material facts which are either helpful or harmful