Search and Seizure Orders

Search and seizure orders (known historically as Anton Pillar Orders) are one of the most powerful tools available in English civil litigation. Similar to measures found in criminal proceedings, these court orders allow one party’s solicitors to enter the home or business premises of another party, usually without any warning, to search and seize specified items.

Search and Seizure orders are typically granted without prior notice to the respondent to prevent the concealment or destruction of evidence before the order becomes effective. Given this circumstance, obtaining search orders is not straightforward, and the court imposes various safeguards concerning the order.

One essential safeguard is the court's appointment of an independent supervising solicitor. Initially, the supervising solicitor informs the respondent about the order's existence and their rights. Additionally, the supervising solicitor ensures compliance with the order and reports to the court. Based on our experience as supervising solicitors, five significant aspects of search orders are outlined below.

Access restrictions – It is common for the respondent to react negatively to supervising solicitors and the revelation of a search order against them. Doors may be shut and unanswered and access refused. A search and seizure order does not authorise forced entry into premises. However, importantly, the order imposes a personal responsibility on the respondent to comply. If the premises are closed but the respondent is located later, they are required to grant access. Failure to do so risks non-compliance, which may lead to contempt of court.

Once inside, the respondent must provide access to locked areas and electronic devices  as per the order's terms.

Identification of the respondent – Attention should be given to the respondent's identity and any related considerations. If the supervising solicitor is male and the respondent is likely to be an unaccompanied female, at least one other person named in the order must be female and accompany the supervising solicitor.

Knowledge dissemination – A crucial aspect of the supervising solicitor's role is advising the respondent regarding the terms and implications of the search and seizure order, including their rights under it. A notable case in this regard is C Plc v P (Secretary of State for the Home Office and another intervening) [2007] EWCA Civ 493, where Alex Megaw, Consultant at Clarke Willmott, represented the respondent asserting a right against self-incrimination.

Conflict resolution – Search orders are often prepared hastily and may not cover every eventuality that arises on the day of the search. Disputes may arise between parties regarding the order's scope and effect, necessitating resolution by the court. In such cases, supervising solicitors may refer the issues to the court for resolution and hold any disputed items in safekeeping until an agreement is reached.

Attention to detail – The supervising solicitor plays a crucial role in accurately documenting events on the search day through a report filed shortly after the search. Although largely administrative, the significance of this task should not be underestimated. The report demonstrates compliance with duties and serves as a vital document in case disputes regarding order compliance. Supervising solicitors must also ensure compliance with technical duties such as compiling a list of materials removed from the premises and allowing the respondent to review and obtain a copy of the list.

In executing these orders, UK Bailiff Services can provide invaluable assistance to solicitors.

With our team of experienced agents, we can aid in executing search orders effectively and professionally. Our agents are trained to handle challenging situations, ensuring that access is obtained within the bounds of the law and the court's directives. Moreover, our expertise in security and conflict resolution can be instrumental in managing any disputes or difficulties that may arise during the execution of search orders.

By collaborating with UK Bailiff Services, solicitors can enhance the efficiency and efficacy of their legal proceedings, knowing that the execution of search orders is in capable hands.