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PRACTICE NOTES
This Practice Note addresses issues relevant to the execution of search and imaging orders and the consequences of a failure to comply with the terms of the order by applicants and respondents. It also touches on the privilege against self-incrimination, variation and discharge of the order and how materials obtained as part of a search and imaging order may be used. For related guidance on search orders, see Practice Notes: • Search and imaging orders—guiding principles • Search and imaging orders—making an application • The model search and imaging order This Practice Note refers to the concept of a supervising solicitor. For an explanation of that term and the role of supervising solicitors in this context, see Practice Note: Search and imaging orders—making the application—The supervising solicitor. 6 April 2025 changes The CPR provisions relevant to interim injunctive relief, including search and imaging orders, were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions, including the standard draft search
PRACTICE NOTES
This Practice Note explains what a search order is (also known as an Anton Piller order, following the case Anton Piller v Manufacturing Processes (1976)), the source of the courts’ power to grant a search order and the principles that the court will apply before granting one. It also explains the development of ‘imaging orders’, whereby a respondent is ordered to permit an IT expert to allow an ‘image’ to be taken of their electronic device(s) or account(s) and how they relate to search orders, as well as alternative orders for the delivery up or preservation of evidence. For related guidance on search and imaging orders, see Practice Notes: • Search and imaging orders—making an application • The model search and imaging order • Search and imaging orders—execution of the order and next steps 6 April 2025 changes The CPR provisions relevant to interim injunctive relief, including search and imaging orders, were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions, including the standard
PRACTICE NOTES
This Practice Note summarises illustrative cases relevant to search and/or imaging orders dated from 6 April 2025 onwards. For key and illustrative decisions dated prior to 2025, see Practice Note: Search orders—key and illustrative decisions (pre-April 2025) [Archived]. Note that the CPR provisions relevant to interim injunctive relief, including search and imaging orders, were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions, including the example draft search order included in Annex A of Practice Direction 25A and the example form of imaging order that was added to Annex B of Practice Direction 25A on 6 April 2022, were revoked on 6 April 2025. In their place, a new model for a search and imaging order came into force on 6 April 2025 (the ‘model search and imaging order’). The changes were not intended to materially alter the substantive law or practice. However, the numbering and location of many of the provisions were changed and judgments which refer to the position pre-6 April 2025
PRACTICE NOTES
This Practice Note explains the procedure involved in making an application for a search and imaging order, including the relevant parties and how the usual interim injunction procedure is modified. It also explains the role of the supervising solicitor. The guidance set out below 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 and imaging orders, see Practice Notes: • Search and imaging orders—guiding principles • The model search and imaging order • Search and imaging orders—execution of the order and next steps Impact of amendments to the CPR from 6 April 2025 On 6 April 2025, CPR 25 was substantially amended and Practice Direction 25A was revoked. The rules governing the procedure for search and imaging orders have, since 6 April 2025, been set out in CPR 25.15–CPR 25.19. The separate standard forms of search order and imaging order (included respectively in
PRACTICE NOTES
This Practice Note explains when and how search and seizure warrants may be obtained under section 352 of the Proceeds of Crime Act 2002 (POCA 2002). It outlines the statutory requirements for obtaining a search and seizure warrant, including the circumstances in which a production order has failed or is inappropriate, the application process under Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, and the information that must be included in a warrant. It also considers the effect and execution of search and seizure warrants, the interaction with Police and Criminal Evidence Act 1984 (PACE 1984) safeguards and relevant Codes of Practice, and the offences that may arise from obstructing or assaulting officers executing a search and seizure warrant issued under POCA 2002, s 352. Obtaining a warrant under POCA 2002, s 352 A search and seizure warrant authorises an appropriate person to enter and search the premises specified and to seize and retain any material found there which is reasonably believed to be of substantial value to the investigation
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [Insert supplier name] a company incorporated in [England and Wales] whose registered company number is [insert company number] and whose registered office is at [registered office address] (Supplier); 2 [Insert customer name] a company incorporated in [England and Wales] whose registered company number is [insert company number] and whose registered office is at [registered office address] (Customer), each of the Customer and Supplier being a party and together the Customer and Supplier are the parties. Background (A) The Customer operates [a website OR certain websites]. (B) The Supplier offers internet marketing and website optimisation services. (C) The Customer agrees to engage the Supplier to provide certain services in relation to the Customer’s website[s], and the Supplier agrees to provide the same, on the terms and conditions of this Agreement and in each Order Form (as defined below) agreed by the parties from time to time under this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Acceptance Criteria • means the criteria to be satisfied to demonstrate that the Acceptance Tests for the Deliverables have been met, as determined pursuant to Schedule 2; Acceptance
PRACTICE NOTES
This Practice Note explains the law on the search of a person under the Police and Criminal Evidence Act 1984 (PACE 1984) and in accordance with PACE Code C. Note that police powers to search a person in relation to terrorism offences are not covered in this Practice Note. For information on police powers to use stop and search powers prior to arrest, see Practice Note: Stop and search powers. Search on arrest–away from the police station A person who has been arrested at a place other than a police station may be searched by a police officer under the PACE 1984, s 32. A search under PACE 1984, s 32 must be made at the time of arrest. It cannot be conducted several hours later (R v Badham [1987] Crim LR 202 (not reported by LexisNexis®)). Where a person has been arrested at a place other than a police station, an officer may search that person only if they have reasonable grounds for believing: • the arrested person may present a danger to themselves or others,
PRACTICE NOTES
The powers of the police to enter and search premises are both extensive and various. The police may search premises on the authority of a warrant from a court, or without a warrant under a number of statutory powers. Many of these powers are governed by Part II of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code B of the PACE 1984 Codes of Practice. The powers to search premises without warrant on or after an arrest are found in PACE 1984, ss 18 and 32 and are the subject of this Practice Note. PACE 1984, s 17 also confers a power to enter and search premises without a warrant in order to arrest a person. For information on obtaining search warrants under PACE 1984, ss 8 and 9, see Practice Notes: Obtaining and executing a search warrant and Obtaining excluded material and special procedure material under PACE 1984. There is no priority or preference between the use of the search warrant procedure (under PACE 1984, ss 8–9) and the use of the
GLOSSARY
An order requiring a party to admit another party to premises for the purpose of preserving evidence.
PRECEDENTS
ARCHIVED: This Precedent has been archived. It is based on a draft search order which was annexed to Practice Direction 25A. That practice direction, along with its annexes, was revoked with effect from 6 April 2025 and the draft search order was replaced by a model search and imaging order. For guidance, see Practice Note: The model search and imaging order (from 6 April 2025). Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge ][insert name] [sitting as a Judge of the High Court] between: [insert name] Applicant and [insert name] Respondent [The Claimant and Defendant in an Intended Action] [Name address and reference of Respondent] _______________________________________ [ Draft ] SEARCH ORDER _______________________________________ PENAL NOTICE If you [insert name of respondent(s)] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized. Any other person who knows of this order and does anything which
PRACTICE NOTES
This Practice Note sets out the requirements and procedure in family proceedings for a search order (formerly known as an Anton Piller order) to enter a respondent's premises to search for, inspect or remove documents, in accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20, together with FPR 2010, PD 20A. It also includes guidance on the provisions in relation to the appointment of a supervising solicitor. Background In exceptional circumstances, the court may make a search order that allows the applicant's representatives to enter the respondent's premises in order to: • search for documents • inspect documents, and • remove documents which might otherwise be destroyed or disposed of. See also Practice Note: Procedure for an interim remedy under FPR 2010, Pt 20. The Civil Procedure Rules 1998 (CPR), Part 25, which makes comparable provision in civil proceedings, was significantly amended from 6 April 2025 to provide for both search orders and imaging orders. The latter order is a related, but less intrusive, remedy that allows an independent IT expert
PRACTICE NOTES
This Practice Note provides an overview of the nature of search orders and imaging orders and when they may be used in employee competition and/or confidentiality cases. A detailed examination of the principles and process applicable to obtaining and serving such orders is beyond the scope of this Practice Note. For details of further guidance on these matters, see: Search and imaging orders—overview. A search order will generally provide that the claimant employer may enter into the defendant's premises, and may search for and seize relevant documents or other property, such as computers. Search orders were formerly known as Anton Piller injunctions, named after the claimant in the leading case on this type of order. Although the claimant employer may not use physical force to enter the defendant's premises, a defendant who refuses to allow entry to execute the search order runs the risk of being found in contempt of court, potentially punishable by imprisonment in appropriate cases. A search order may be made in respect of a defendant's