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Fraud: Being served with a search order

26 July 2018 | 2 minute watch

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Fraud: Being served with a search order
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Fraud: Being served with a search order

​​​Note: We have provided a transcript of the discussion in this video if you are unable to watch the video version. This transcript is generated using a combination of speech recognition software and human transcribers and may contain errors.

Stephen Ross (00:05 - 01:50): What should you do if you're served with a search order? As with a freezing order, being served with a searchorder from the English Court is a massive shock. Someone's come to your home or business without warningand is demanding entry to preserve evidence or property relevant to a legal action against you. For more details on what a search order is, see my separate video. But for now, here are my Golden Rules if you find yourself in this position.

Number one don't panic. We will help you through this and advise you in detail on the precise terms of the order. We can usually come to your property straight away. Number two be nice to the supervising solicitor. They're there to ensure the order is carried out properly and will report back to the court about what happens. Let them in and they will explain to you what is going on. Number three ask the supervising solicitor for at least 2 hours to take legal advice from us before anyone else can enter the premises to look for documents or property. You have the right to apply, to vary or discharge the order and need not hand over certain documents. It's very important you have lawyers to hand to advise you on this. Number four you must obey the order. It's a contempt of court if you do not and you risk a fine or imprisonment. Read it very carefully.

Number five don't tip off others about what is happening. This may be a breach of the order and your opponent may have set a trap for you. Don't tweet or blog or even take photographs while the search is underway. Number six don't start destroying, deleting or encrypting data or documents. You will be found out and that's a breach of the order. Number seven gather up any legal documents or material which might incriminate you in any criminal proceedings. You don't have to hand this over and we advise you in more detail. We will advise you on what to do, what not to do, and then how we can help you to fight back against your opponents. Thanks for watching.

What should you do if you are served with a Search Order?

Being served with a Search Order will most likely catch you off guard. Someone demanding entrance to your home or business without warning, by order of the Court, can be incredibly unsettling.

Stephen shares his insight to help you handle the situation.

To see more videos in this series, click here.

​​​Note: We have provided a transcript of the discussion in this video if you are unable to watch the video version. This transcript is generated using a combination of speech recognition software and human transcribers and may contain errors.

Stephen Ross (00:05 - 01:50): What should you do if you're served with a search order? As with a freezing order, being served with a searchorder from the English Court is a massive shock. Someone's come to your home or business without warningand is demanding entry to preserve evidence or property relevant to a legal action against you. For more details on what a search order is, see my separate video. But for now, here are my Golden Rules if you find yourself in this position.

Number one don't panic. We will help you through this and advise you in detail on the precise terms of the order. We can usually come to your property straight away. Number two be nice to the supervising solicitor. They're there to ensure the order is carried out properly and will report back to the court about what happens. Let them in and they will explain to you what is going on. Number three ask the supervising solicitor for at least 2 hours to take legal advice from us before anyone else can enter the premises to look for documents or property. You have the right to apply, to vary or discharge the order and need not hand over certain documents. It's very important you have lawyers to hand to advise you on this. Number four you must obey the order. It's a contempt of court if you do not and you risk a fine or imprisonment. Read it very carefully.

Number five don't tip off others about what is happening. This may be a breach of the order and your opponent may have set a trap for you. Don't tweet or blog or even take photographs while the search is underway. Number six don't start destroying, deleting or encrypting data or documents. You will be found out and that's a breach of the order. Number seven gather up any legal documents or material which might incriminate you in any criminal proceedings. You don't have to hand this over and we advise you in more detail. We will advise you on what to do, what not to do, and then how we can help you to fight back against your opponents. Thanks for watching.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

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