Sydney Mitchell provides independent supervising solicitor services for search orders and delivery up orders in the High Court of England and Wales.
Our supervising solicitors ensure court orders are executed lawfully, proportionately, and in full compliance with the terms of the order.
Search orders and delivery up orders are among the most powerful interim remedies available in English civil litigation. Their execution requires independence, technical expertise, sensitivity and careful management all of which we are able to provide.
What are search orders
A search order is a form of mandatory interim injunction granted by the High Court. It permits the applicant’s legal representatives to enter the respondent’s premises to:
- Search for specified documents, materials or data
- Preserve evidence that may otherwise be destroyed
- Secure items relevant to proceedings.
Search orders are typically granted without notice to the respondent because there is a real risk that evidence may be destroyed if advance warning is given.
Search orders are most commonly used in cases involving breach of confidence/theft of confidential information, fraud and asset concealment and passing off and counterfeiting.
What are delivery up orders?
A delivery up order requires the respondent to deliver specified items to the applicant or an independent supervising solicitor.
These may include:
- Digital devices
- Infringing goods
- Confidential documents
- Company records
- Counterfeit products
- Relevant documents/materials.
Delivery up orders are often granted alongside search orders or other interim injunctions. Their purpose is to prevent continued misuse, preserve evidence, and maintain the status quo pending trial.
What is the role of the supervising solicitor?
The supervising solicitor is an independent solicitor appointed by the court to oversee the execution of a search order. Independence is fundamental to the role and they act as an offer of the court not as a representative of the applicant.
The supervising solicitor’s responsibilities include:
- Personally serving the order on the respondent
- Explaining the terms of the order
- Informing the respondent of their rights, including the right to legal advice
- Supervising the search / delivery up to ensure compliance with the terms of the order
- Ensuring the search /delivery up is conducted proportionately and respectfully
- Preventing abuse of the order
- Preparing a detailed written report to the court.
Given the intrusive nature of these orders, the court places considerable weight on the integrity and competence of the supervising solicitor.
Our supervising solicitors have the necessary experience supervising these orders and understand the procedural, technical, and practical challenges involved.
Find out more about the team
