The civil courts of England and Wales can order, (without notice being given to the defendant(s)/respondent(s)), searches of homes, offices, and other locations by the claimant’s legal team. Supervising solicitors are appointed by the court to execute these orders to rebalance the fact the order was made in the absence of the respondent(s). Supervising Solicitors are responsible to the court and act independently of the parties involved in the claim, but they are paid by the claimant’s solicitors.

Part 25 of the Civil Procedure Rules requires a Supervising Solicitor who is independent of the parties involved to obtain and serve search orders, doorstep-delivery up orders (DDOs), and computer imaging orders. In cases where the premises are likely to be occupied by a female, the rules provide that a female solicitor should form part of the supervising solicitor team.

The Supervising Solicitor must serve the order personally on the intended defendant / respondent within the hours permitted by the order. They should only be accompanied by individuals acting on behalf of the claimant / applicant, with the order stipulating who may enter the property and when. The solicitor has a short window (usually up to two hours prior to the commencement of the search), to provide the defendant / respondent with an independent explanation as to the terms and meaning of the search order and their rights during the proceedings.

The Supervising Solicitor will then manage the search of the premises.

A search order, previously known as an “Anton Piller order,” is usually made in relation to civil fraud, breach of confidentiality, patent, copyright and passing-off cases. They can involve searching the defendant’s home, business or other locations. Search orders can only be issued by the High Court and come with accompanying safeguards to protect the interests of the respondent. This includes requiring a Supervising Solicitor to serve and explain the order to the defendant(s)/respondents(s).

A freezing order prevents someone from moving or selling their assets. It’s also known as a Mareva injunction. A claimant’s legal team might apply for a freezing order to preserve assets until a judgement can be made, to protect assets for creditors to repay debts, or to prevent a party from defeating a claim for financial relief. It is not uncommon for a freezing order to be application to made at the same time as a search order.