On the day the Human Rights Act came into effect, Leeds CDR went before the Court seeking a search order, the most draconian order available in English civil law. A client discovered two former employees had taken original documents with them when they left the company and were using them to set up in competition. There were no copies of the documentation. The client believed the individuals would not return the documents if asked and might destroy them. We had to apply to the Court to be granted an order to recover the documents from where we believed they were located, in this case, the former employees' homes. Entering and searching a home when innocent partners and children are present is always a distressing experience. The judge had to balance the client’s right to its property and to justice against the individual's right to privacy and the home; rights now protected under the Human Rights Act.
The judge was convinced a search order was appropriate to protect the client’s rights. The Leeds CDR team of fee earners and support staff together with its own advocacy expertise worked to provide a speedy and seamless service to the client. The search order was obtained, executed and the documents returned to the client within two weeks of discovery of their disappearance, limiting the damage done to the client’s existing and future business. It is thought that this is the first search order granted in England after the introduction of the Human Rights Act and is almost certainly the first granted to a solicitor advocate.
The information and opinions contained in this publication are provided by national law firm Hammond Suddards Edge. They should not be applied to any particular set of facts without seeking appropriate legal or other professional advice.
