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

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

  • Drafting note for application notice for a search order

General points

An application for a search order should be made using Form N244 (or Form N244(CC) if in the Commercial Court), see:

  1. Application notice (Form N244)

  2. Application notice—Commercial Court (Form N244(CC))

These drafting notes have been prepared to be used in conjunction with Form N244 and the notes below follow the structure of this form. Note that they are not designed for use with Form N244(CC).

Applications for search orders are typically made without notice. This means that the respondent will not be 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 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 to your application. For further guidance, see Practice Notes:

  1. Interim injunctions—without notice applications—Duty of full and frank disclosure

  2. Freezing injunctions—full and frank disclosure

The form should be completed with the details of any court proceedings. In the event that the application is being made prior to the issue of a claim form, the application

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