The court will not generally sanction the carrying out of a Search Order in civil proceedings without appointing a Supervising Solicitor. The Supervising Solicitor is independent of the party applying for the Search Order. The appointment of a Supervising Solicitor gives the court comfort that if it makes a Search Order that it will not be executed oppressively or otherwise inappropriately.
The role of the Supervising Solicitor generally includes serving the Order on the Respondent, providing guidance on the application of the Order and supervising the carrying out of the Order by the Applicant's representatives.
Here's how we can help
Members of Muckle LLP Commercial Litigation team have the required experience and expertise to accept appointments to act as Supervising Solicitors. Kevin Turnbull, a partner in the Commercial Litigation team has extensive experience of the utilisation and execution of both Freezing Orders and Search and Seizure Orders. Specific recent experience includes:
1. Acting for the Chief Executive of a large regional enterprise and overseeing the execution of a Search and Seizure Order at his home premises arising out of alleged breaches of fiduciary duty;
2. Obtaining and executing a Search and Seizure Order against a client company's sales director who had been competing with his employer; and
3. Obtaining and executing a Search Order against the Operations Director of a client company who in breach of his employment terms was in the process of establishing a competing business in mainland China.