|
Note: these Drafts are taken from the practice directionpdp-25supplementing
CPR Part
25, with minor adjustments
| (1)
| DRAFT FREEZING INJUNCTION: ENGLAND & WALES
| |
|
**Freezing Injunction**
Order to restrain assets in
England and Wales
| IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Strand, London WC2 A 2LL
| | Before The Honourable Mr Justice [ ]
| | Claim No.
| | Dated
| | Applicant
| | Seal
| | Respondent
| | Name, address and reference of Respondent | | PENAL NOTICE
| | If you the within named [ ] disobey this order you may be held to
be in
contempt of court and liable to imprisonment or fined or your assets
seized
| | IMPORTANT
| | Notice to the Respondent | | You should read the terms of the Order and the Guidance Notes very
carefully. You are advised to consult a Solicitor as soon as possible.
This Order prohibits you, the Respondent, from dealing with your assets
up
to the amount stated in the Order, but subject to any exceptions set
out at the
end of the Order. You have a right to ask the Court to vary or
discharge this
Order.
| | If you disobey this Order you may be found guilty of Contempt of Court
and
may be sent to prison or fined. In the case of a Corporate Respondent,
it
may be fined, its Directors may be sent to prison or fined or its
assets may be
seized.
|
|
THE ORDER
| | An application was made today [date] by [Counsel][Solicitors][or as may
be] for
the Applicant to Mr Justice [ ] who heard the application. The Judge
read the
affidavits listed in Schedule A and accepted the undertakings set out
in
Schedule B at the end of this Order. As a result of the application IT
IS
ORDERED that until [[ ] ("the return date")] [or further Order of
the
Court]:-
|
| 1. | The Respondent must not
remove from England and Wales or in any way dispose of or deal with or
diminish the value of any of his assets which are in England and Wales
whether in his own name or not and whether solely or jointly owned up to the
value of . This prohibition includes the following assets in particular:-
| |
|
(a) | the property known as [title/address] or the net sale money
after
payment of any mortgages if it has been sold;
| |
(b) | the property and assets of the Respondent's business known as
(or carried on at [address]) or the sale money if any of them have
been sold; and
| |
(c) | any money in the account numbered [a/c number] at [title/address]
|
| | 2. | If the total unincumbered value of the Respondent's assets in
England
and Wales exceeds , the Respondent may remove any of those assets
from England and Wales or may dispose of or deal with them so long
as the total unincumbered value of his assets still in England and
Wales
remains above .
| | 3.
| Exceptions to this Order:-
| |
|
|
(1) |
This Order does not prohibit the Respondent from spending a
week towards his ordinary living expenses [and a week towards
his ordinary and proper business expenses] and also a week [or
a reasonable sum] on legal advice and representation. But before
spending any money the Respondent must tell the Applicant's legal representatives where the money is to come from.
| |
[(2) |
This Order does not prohibit the Respondent from dealing with
or disposing of any of his assets in the ordinary and proper
course of business.]
| |
(3) |
The Respondent may agree with the Applicant's legal
representatives that the above spending limits should be
increased or that this Order should be varied in any other
respect, but any agreement must be in writing.
| |
(4) |
The Respondent may cause this Order to cease to have effect
if
the Respondent provides security by paying the sum of into
Court or makes provision for security in that sum by another
method agreed with the Applicant's legal representatives.
|
| | 4. | The Respondent must:-
| |
|
|
(1) | Inform the Applicant in writing at once of all his assets in
England and Wales and whether in his own name or not and
whether solely or jointly owned, giving the value, location and
details of all such assets.
| |
[The Respondent may be entitled to refuse to provide some or all
of this information on the grounds that it may incriminate him.
This sentence may be inserted in cases not covered by the Theft Act
1968,
s.31.]
| |
(2) | Confirm the information in an affidavit which must be served
on
the Applicant's legal representatives within [ ] days after this
Order has been served on the Respondent.
|
| |
[5. | Where an Order for service by an alternative means or service out
of the jurisdiction has been made-
| |
|
|
(1) |
The Applicant may issue and serve a Claim Form on the Respondent at [address] by [method of service]
| |
(2) |
If the Respondent wishes to defend the Claim he must complete
and return the Acknowledgment of Service within [ ] days of
being served with the Claim Form.]
| |
GUIDANCE NOTES
Effect of this Order
|
|
(1) | A Respondent who is an individual who is ordered not to do
something
must not do it himself or in any other way. He must not do it
through
others acting on his behalf or on his instructions or with his
encouragement.
| |
(2) | A Respondent which is a corporation and which is ordered not to
do
something must not do it itself or by its directors, officers,
employees
or agents or in any other way.
|
| |
Variation or discharge of this Order
| | The Respondent (or anyone notified of this Order) may apply to the
Court at
any time to vary or discharge this Order (or so much of it as affects
that
person), but anyone wishing to do so must first inform the Applicant's
legal
representatives.
| | Parties other than the Applicant and Respondent
|
|
(1) | Effect of this Order:-
It is a Contempt of Court for any person notified of this Order
knowingly to assist in or permit a breach of this Order. Any person
doing so may be sent to prison, fined or have his assets seized.
| |
(2) | Set off by Banks:-
This injunction does not prevent any bank from exercising any right
of
set off it may have in respect of any facility which it gave to the Respondent before it was notified of this Order.
| |
(3) | Withdrawals by the Respondent:-
No bank need enquire as to the application or proposed application
of
any money withdrawn by the Respondent if the withdrawal appears to
be permitted by this Order.
|
| |
Interpretation of this Order
|
|
(1) | In this Order, where there is more than one Respondent, (unless
otherwise stated) references to "the Respondent" means both or all
of
them.
| |
(2) | A requirement to serve on "the Respondent" means on each of
them.
| | However, the Order is effective against any Respondent on whom it is
served.
| |
(3) | An Order requiring "the Respondent" to do or not to do anything
applies to all Respondents.
|
| Communications with the Court
| | All communications to the Court about this Order should be sent to
the
Commercial Court Clerk, the Listing Office, Room E201, Royal Courts
of
Justice, Strand, London WC2 A 2LL quoting the case number. The
telephone
number is 0171 936 6826. The offices are open between 10 am and 4.30
pm
Monday to Friday.
|
| |
| SCHEDULE A
| | Affidavits
| | The Applicant relied on the following affidavits:
| | [name] [number of affidavit] [date sworn] [filed on behalf of]
| |
|
| SCHEDULE B
| | Undertakings given to the Court by the Applicant:-
|
| (1) | If the Court later finds that this Order has caused loss to the Respondent, and decides that the Respondent should be compensated
for that loss, the Applicant will comply with any Order the Court
may
make.
| | (2) | The Applicant will on or before [date] cause a written guarantee in
the
sum of to be issued from a bank having a place of business within
England or Wales, such guarantee being in respect of any Order the
Court may make pursuant to paragraph (1) above. The Applicant will
further, forthwith upon issue of the guarantee, cause a copy of it to
be
served on the Respondent.
| | As soon as practicable the Applicant will [issue and serve on
the Respondent a Claim Form in the form of the draft produced to the
Court] [serve on the Respondent the Claim Form] claiming the
appropriate relief, together with this Order.
| | The Applicant will cause an affidavit to be sworn and filed
[substantially in the terms of the draft affidavit produced to the
Court]
[confirming the substance of what was said to the Court by the
Applicant's Counsel/Solicitors].
| | [(5) | Where a return date has been given -- As soon as practicable the
Applicant
will serve on the Respondent an Application for the return date together with a copy of the affidavits and exhibits containing the
evidence relied on by the Applicant.]
| | (6) | Anyone notified of this Order will be given a copy of it by the
Applicant's legal representatives.
| | (7) | The Applicant will pay the reasonable costs of anyone other than
the Respondent which have been incurred as a result of this Order
including the costs of ascertaining whether that person holds any of
the Respondent's assets and if the Court later finds that this Order
has
caused such person loss, and decides that such person should be
compensated for that loss, the Applicant will comply with any Order
the Court may make.
| | (8) | If for any reason this Order ceases to have effect (including in
particular where the Respondent provides security as provided for
above or the Applicant does not provide a bank guarantee as provided
for above), the Applicant will forthwith take all reasonable steps
to
inform, in writing, any person or company to whom he has given
notice of this Order, or who he has reasonable grounds for supposing
may act upon this Order, that it has ceased to have effect.
|
| |
Name and Address of Applicant's Legal Representatives
| | The Applicants Legal Representatives are:-
| | [Name, address, reference, fax and telephone numbers both in and out
of
office hours.]
|
(2) DRAFT FREEZING INJUNCTION: WORLDWIDE
**Freezing Injunction** IN THE HIGH COURT OF JUSTICE
Order to restrain assets QUEEN'S BENCH DIVISION
worldwide COMMERCIAL COURT
Strand, London WC2 A 2LL
Before The Honourable Mr Justice [ ]
Claim No.
Dated
Applicant
Seal
Respondent
Name, address and reference of Respondent
PENAL NOTICE
If you the within named [ ] disobey this order you may be held to
be in
contempt of court and liable to imprisonment or fined or your assets
seized
COMMERCIAL COURT GUIDE AUGUST 1999 APPENDIX
5/page 179
PAGE 193
THE COMMERCIAL COURT GUIDE
IMPORTANT
Notice to the Respondent
You should read the terms of the Order and the Guidance Notes very
carefully. You are advised to consult a Solicitor as soon as possible.
This Order prohibits you, the Respondent, from dealing with your assets
up
to the amount stated in the Order, but subject to any exceptions set
out at the
end of the Order. You have a right to ask the Court to vary or
discharge this
Order.
If you disobey this Order you may be found guilty of Contempt of Court
and
may be sent to prison or fined. In the case of a Corporate Respondent,
it
may be fined, its Directors may be sent to prison or fined or its
assets may be
seized.
THE ORDER
An application was made today [date] by [Counsel] [Solicitors] [or as
may be]
for the Applicant to Mr Justice [ ] who heard the application. The
Judge read
the affidavits listed in Schedule A and accepted the undertakings set
out in
Schedule B at the end of this Order. As a result of the application IT
IS
ORDERED that until [[ ] ("the return date"]] [further Order of the
Court]:-
| | 1.
1.
1. | The Respondent must not:-
(1) remove from England and Wales or in any way dispose of or
deal
with or diminish the value of any of his assets which are in
England and Wales whether in his own name or not and whether
solely or jointly owned up to the value of , or
(2) in any way dispose of or deal with or diminish the value of any
of
his assets whether they are in or outside England or Wales
whether in his own name or not and whether solely or jointly
owned up to the same value. This prohibition includes the
following assets in particular:-
(a) the property known as [title/address] or the net sale money
after payment of any mortgages if it has been sold;
(b) the property and assets of the Respondent's business known
as (or carried on at [address]) or the sale money if any of
them have been sold; and
(c) any money in the account numbered [a/c number] at [title/
address].
| | 2.
2.
2. | (1) If the total unincumbered value of the Respondent's assets
in
England and Wales exceeds , the Respondent may remove any
of those assets from England and Wales or may dispose of or deal
with them so long as the total unincumbered value of his assets
still in England and Wales remains above .
(2) If the total unincumbered value of the Respondent's assets in
England and Wales does not exceed , the Respondent must not
remove any of those assets from England and Wales and must not
dispose of or deal with any of them, but if he has other assets
outside England and Wales the Respondent may dispose of or
deal with those assets so long as the total unincumbered value of
all his assets whether in or outside England and Wales remains
above .
| | 3.
3.
3. | Exceptions to this Order:-
(1) This Order does not prohibit the Respondent from spending a
week towards his ordinary living expenses [and a week towards
his ordinary and proper business expenses] and also a week [or
a reasonable sum] on legal advice and representation. But before
spending any money the Respondent must tell the Applicant's legal representatives where the money is to come from.
[(2) This Order does not prohibit the Respondent from dealing with
or disposing of any of his assets in the ordinary and proper
course of business.]
(3) The Respondent may agree with the Applicant's legal
representatives that the above spending limits should be
increased or that this Order should be varied in any other
respect, but any agreement must be in writing.
(4) The Respondent may cause this order to cease to have effect
if
the Respondent provides security by paying the sum of into
Court or makes provision for security in that sum by another
method agreed with the Applicant's legal representatives.
| | 4.
4.
4. | The Respondent must:-
(1) Inform the Applicant in writing at once of all his assets
whether
in or outside England and Wales and whether in his own name or
not and whether solely or jointly owned, giving the value,
location and details of all such assets.
[The Respondent may be entitled to refuse to provide some or all
of this information on the grounds that it may incriminate him.
This sentence may be inserted in cases not covered by the Theft Act
1968,
s.31.]
(2) Confirm the information in an affidavit which must be served
on
the Applicant's legal representatives within [ ] days after this
Order has been served on the Respondent.
[5. Where an Order for service by an alternative means or service out
of the jurisdiction has been made --
(1) The Applicant may issue and serve a Claim Form on the Respondent at [address] by [method of service]
(2) If the Respondent wishes to defend the claim he must complete
and return the Acknowledgment of Service within [ ] days of
being served with the Claim Form.]
GUIDANCE NOTES
Effect of this Order
(1) A Respondent who is an individual who is ordered not to do
something
must not do it himself or in any other way. He must not do it
through
others acting on his behalf or on his instructions or with his
encouragement.
(2) A Respondent which is a corporation and which is ordered not to
do
something must not do it itself or by its directors, officers,
employees
or agents or in any other way.
Variation or discharge of this Order
The Respondent (or anyone notified of this Order) may apply to the
Court at
any time to vary or discharge this Order (or so much of it as affects
that
person), but anyone wishing to do so must first inform the Applicant's
legal
representatives.
Parties other than the Applicant and Respondent (1) Effect of this Order:-
It is a Contempt of Order for any person notified of this Order
knowingly to assist in or permit a breach of this Order. Any person
doing so may be sent to prison, fined or have his assets seized.
(2) Effect of this Order outside England and Wales:-
The terms of this Order do not affect or concern anyone outside the jurisdiction of this Court until it is declared enforceable by or is
enforced by a Court in the relevant country and then they are to
affect
him only to the extent they have been declared enforceable or have
been enforced UNLESS the person is:
(i) a person to whom this Order is addressed or an officer or an
agent appointed by power of attorney of that person; or
(ii) a person who is subject to the jurisdiction of this Court and
(a)
has been given written notice of this Order at his residence or
place of business within the jurisdiction of this Court and (b) is
able to prevent acts or omissions outside the jurisdiction of this
Court which constitute or assist in a breach of the terms of this
Order.
(3) Set off by Banks:-
This injunction does not prevent any bank from exercising any right
of
set off it may have in respect of any facility which it gave to the Respondent before it was notified of this Order.
(4) Withdrawals by the Respondent:-
No bank need enquire as to the application or proposed application
of
any money withdrawn by the Respondent if the withdrawal appears to
be permitted by this Order.
Interpretation of this Order
(1) In this Order, where there is more than one Respondent, (unless
otherwise stated) references to "the Respondent" means both or all
of
them.
(2) A requirement to serve on "the Respondent" means on each of
them.
However, the Order is effective against any Respondent on whom it is
served.
(3) An Order requiring "the Respondent" to do or not to do anything
applies to all Respondents.
Communications with the Court
All communications to the Court about this Order should be sent to
the
Commercial Court Clerk, the Listing Office, Room E201, Royal Courts
of
Justice, Strand, London WC2 A 2LL quoting the case number. The
telephone
number is 0171 936 6826. The offices are open between 10 am and 4.30
pm
Monday to Friday.
SCHEDULE A
Affidavits
The Applicant relied on the following affidavits:
[name][
number of affidavit][
date sworn][
filed on behalf of]
(1)
(2)
SCHEDULE B
Undertakings given to the Court by the Applicant:-
(1) If the Court later finds that this Order has caused loss to the Respondent, and decides that the Respondent should be compensated
for that loss, the Applicant will comply with any Order the Court
may
make.
(2) The Applicant will on or before [date] cause a written guarantee in
the
sum of to be issued from a bank having a place of business within
England or Wales, such guarantee being in respect of any Order the
Court may make pursuant to paragraph (1) above. The Applicant will
further, forthwith upon issue of the guarantee, cause a copy of it to
be
served on the Respondent.
[(3) As soon as practicable the applicant will [issue and serve on
the Respondent a Claim Form in the form of the draft produced to the
Court] [serve on the Respondent the Claim Form] claiming the
appropriate relief, together with this Order.]
(4) The Applicant will cause an affidavit to be sworn and filed
[substantially in the terms of the draft affidavit produced to the
Court]
[confirming the substance of what was said to the Court by the
Applicant's Counsel/Solicitors].
[(5) Where a return date has been given -- As soon as practicable the
Applicant
will serve on the Respondent an application for the return date together with a copy of the affidavits and exhibits containing the
evidence relied on by the Applicant.]
(6) Anyone notified of this Order will be given a copy of it by the
Applicant's legal representatives.
(7) The Applicant will pay the reasonable costs of anyone other than
the Respondent which have been incurred as a result of this Order
including the costs of ascertaining whether that person holds any of
the Respondent's assets and if the Court later finds that this Order
has
caused such person loss, and decides that such person should be
compensated for that loss, the Applicant will comply with any Order
the Court may make.
(8) If for any reason this Order ceases to have effect (including in
particular where the Respondent provides security as provided for
above or the Applicant does not provide a bank guarantee as provided
for above), the Applicant will forthwith take all reasonable steps
to
inform, in writing, any person or company to whom he has given
notice of this Order, or who he has reasonable grounds for supposing
may act upon this Order, that it has ceased to have effect.
[(9) The Applicant will not without the leave of the Court begin proceedings against the Respondent in any other jurisdiction or use
information obtained as a result of an Order of the Court in this jurisdiction for the purpose of civil or criminal proceedings in any
other jurisdiction.]
[(10) The Applicant will not without the leave of the Court seek to
enforce
this Order in any country outside England and Wales [or seek an
Order of a similar nature including Orders conferring a charge or
other security against the Respondent or the Respondent's assets].]
Name and Address of Applicant's Legal Representatives
The Applicants Legal Representatives are:-
[Name, address, reference, fax and telephone numbers both in and out
of
office hours.]
(3) DRAFT SEARCH ORDER
**Search Order** IN THE HIGH COURT OF JUSTICE
Order to preserve evidence QUEEN'S BENCH DIVISION
and property COMMERCIAL COURT
Strand, London WC2 A 2LL
Before The Honourable Mr Justice [ ]
Claim No.
Dated
Applicant
Seal
Respondent
Name, address and reference of Respondent
PENAL NOTICE
If you the within named [ ] disobey this order you may held to be
in
contempt of court and liable to imprisonment or fined or your assets
seized
IMPORTANT
Notice to the Respondent
You should read the terms of the Order and the Guidance Notes very
carefully. You are advised to consult a Solicitor as soon as possible.
This Order orders you, the Respondent, to allow the persons mentioned
in
the Order to enter the premises described in the Order and to search
for,
examine and remove or copy the articles specified in the Order. The
persons
so named will have no right to enter the premises or, having entered,
to
remain at the premises, unless you give your consent to their doing so.
If,
however, you withhold your consent you will be in breach of this Order
and
may be held to be in Contempt of Court.
The Order also requires you to hand over any of such articles which
are
under your control and to provide information to the Applicant's
Solicitors,
and prohibits you from doing certain acts.
If you, the Respondent, disobey this Order you may be found guilty
of
contempt of Court and may be sent to prison or fined. In the case of
a
Corporate Respondent, it may be fined, its Directors may be sent to
prison or
fined or its assets may be seized.
THE ORDER
AN APPLICATION was made today [date] by [Counsel] [Solicitors] for
the
Applicant to Mr Justice [ ] who heard the application. The Judge read
the
affidavits listed in Schedule F at the end of this Order and accepted
the
undertakings by the Applicant, the Applicant's Solicitors and the
Supervising
Solicitor set forth in the Schedules at the end of this Order. As a
result of the
application IT IS ORDERED that until [[ ] ("the return date")] [or
further
Order of the Court]:-
| | 1.
1.
1. | (1) The Respondent must allow Mr/Mrs/Miss [ ] ("the
Supervising Solicitor"), together with [ ] a Solicitor of the Supreme Court,
and a partner in the firm of [ ] the Applicant's solicitors and up
to [ ] other persons being [their capacity] accompanying them, to
enter the premises mentioned in Schedule A to this Order and
any other premises of the Respondent disclosed under
paragraph 4(1) below and any vehicles under the Respondent's
control on or around the premises so that they can search for,
inspect, photograph or photocopy, and deliver into the
safekeeping of the Applicant's Solicitors all the documents and
articles which are listed in Schedule B to this Order ("the listed items") or which [ ] believes to be listed items.
(2) The Respondent must allow those persons to remain on the premises until the search is complete, and to re-enter the premises on the same or the following day in order to complete
the search.
| | 2.
2.
2. | (1) No item may be removed from the premises until a list of
the
items to be removed has been prepared, and a copy of the list
has been supplied to the person served with the Order, and he
has been given a reasonable opportunity to check the list.
(2) The premises must not be searched, and items must not be
removed from them, except in the presence of the Respondent or a person appearing to be a responsible employee of the Respondent or in control of the premises.
(3) If the Supervising Solicitor is satisfied that full compliance
with
paragraph 2(1) or (2) above is impracticable, he may permit the
search to proceed and items to be removed without compliance
with the impracticable requirements.
| | 3.
3.
3. | (1) The Respondent must immediately hand over to the
Applicant's
Solicitors any of the listed items which are in his possession or
under his control save for any computer or hard disk integral to
any computer.
(2) If any of the listed items exists only in computer readable
form,
the Respondent must immediately give the Applicant's Solicitors
effective access to the computers, with all necessary passwords, to
enable them to be searched, and cause the listed items to be
printed out. A print out of the items must be given to the
Applicant's Solicitors or displayed on the computer screen so
that they can be read and copied. All reasonable steps shall be
taken by the Applicant to ensure that no damage is done to any
computer or data. The Applicant and his representatives may not
themselves search the Respondent's computers unless they have
sufficient expertise to do so without damaging the Respondent's
system.
| | 4.
4.
4. | (1) The Respondent must immediately inform the Applicant's
Solicitors:-
(a) where all the listed items are; and
(b) so far as he is aware
(i) the name and address of everyone who has supplied
him, or offered to supply him, with listed items;
(ii) the name and address of everyone to whom he has
supplied, or offered to supply, listed items; and
(iii) full details of the dates and quantities of every such
supply and offer.
(2) Within [ ] days after being served with this Order the Respondent must swear an affidavit setting out the above information.
| | 5.
5.
5. | (1) Except for the purpose of obtaining legal advice, the Respondent or anyone else with knowledge of this Order must not directly or
indirectly inform anyone of these proceedings or of the contents
of this Order, or warn anyone that proceedings have been or may
be brought against him by the Applicant until [[ ] the return
date][or further Order of the Court]
(2) The Respondent must not destroy, tamper with, cancel or part
with possession, power, custody or control of the listed items otherwise than in accordance with the terms of this Order.
(3) [Insert any negative injunctions.]
[6. Insert any further order]
GUIDANCE NOTES
Effect of this Order
(1) A Respondent who is an individual who is ordered not to do
something
must not do it himself or in any other way. He must not do it
through
others acting on his behalf or on his instructions or with his
encouragement.
(2) A Respondent which is a corporation and which is ordered not to
do
something must not do it itself or by its directors officers employees
or
agents or in any other way.
(3) This Order must be complied with either by the Respondent himself
or by an employee of the Respondent or other person appearing to be
in control of the premises and having authority to permit the premises to be entered and the search to proceed.
(4) This Order requires the Respondent or his employee or other
person
appearing to be in control of the premises and having that authority to
permit entry to the premises immediately the Order is served upon
him, except as stated below.
Respondent's Entitlements
(1) Before you the Respondent or the person appearing to be in control
of
the premises allow anybody onto the premises to carry out this order
you are entitled to have the solicitor who serves you with this
Order
explain to you what it means in everyday language.
(2) You are entitled to insist that there is nobody [or nobody except
]
present who could gain commercially from anything he might read or
see on your premises.
(3) You are entitled to refuse to permit entry before 9:30 am or after
5:30
pm or at all on Saturday and Sunday unless the Court has ordered
otherwise.
(4) Except in certain cases, you may be entitled to refuse to permit
disclosure of any documents which may incriminate you
("incriminating documents") or to answer any questions if to do so
may
incriminate you. It may be prudent to take advice, because if you so
refuse, your refusal may be taken into account by the Court at a
later
stage.
(5) You are entitled to refuse to permit disclosure of any documents
passing between you and your Solicitors or Patent or Trade Mark
Agents for the purpose of obtaining advice ("privileged documents").
(6) You are entitled to seek legal advice, and to ask the Court to vary
or
discharge this Order, provided you do so at once, and provided you
do
not disturb or move anything in the interim and that meanwhile you
permit the Supervising Solicitor (who is a Solicitor acting
independently of the Applicant) to enter, but not start to search.
(7) Before permitting entry to the premises by any person other than
the Supervising Solicitor, you (or any other person appearing to be in
control of the premises) may gather together any documents you
believe may be [incriminating or] privileged and hand them to the Supervising Solicitor for the Supervising Solicitor to assess
whether
they are [incriminating or] privileged as claimed. If the
Supervising
Solicitor concludes that any of the documents may be [incriminating
or] privileged documents or if there is any doubt as to their status
the Supervising Solicitor shall exclude them from the search and shall
retain the documents of doubtful status in his possession pending
further order of the Court. While this is being done, you may refuse
entry to the premises by any other person, and may refuse to permit
the search to begin, for a short time (not to exceed two hours,
unless
the Supervising Solicitor agrees to a longer period). If you wish to
take
legal advice and gather documents as permitted, you must first
inform
the Supervising Solicitor and keep him informed of the steps being
taken.
Restrictions on Service
Paragraph 1 of the Order is subject to the following restrictions:-
(1) This Order may only be served between 9:30 am and 5:30 pm on a
weekday unless the Court has ordered otherwise.
(2) This Order may not be carried out at the same time as a police
search warrant.
(3) This Order must be served by the Supervising Solicitor, and
paragraph
1 of the Order must be carried out in his presence and under his
supervision. Where the premises are likely to be occupied by an
unaccompanied woman and the Supervising Solicitor is a man, at least
one of the persons accompanying him as provided by paragraph 1 of
the Order shall be a woman.
(4) This Order does not require the person served with the Order to
allow
anyone [or anyone except ] to enter the premises who in the view of
the Supervising Solicitor could gain commercially from anything he
might read or see on the premises if the person served with the
Order
objects.
Variation or discharge of this Order
The Respondent (or anyone notified of this Order) may apply to the
Court at
any time to vary or discharge this Order (or so much of it as affects
that
person), but anyone wishing to do so must first inform the
Applicant's
Solicitors.
Interpretation of this Order
(1) In this Order, where there is more than one Respondent, references to
"the Respondent" means both or all of them.
(2) A requirement to serve on "the Respondent" means on each of
them.
However, the Order is effective against any Respondent on whom it is
served.
(3) An Order requiring "the Respondent" to do or not to do anything
applies to all Respondents.
(4) Any other requirement that something shall be done to or in the
presence of "the Respondent" means to or in the presence of any one
of them or in the case of a firm or company a director or a person
appearing to the Supervising Solicitor to be a responsible employee.
Communications with the Court
All communications to the Court about this Order should be sent to
the
Commercial Court Clerk, the Listing Office, Room E201, Royal Courts
of
Justice, Strand, London WC2 A 2LL quoting the case number. The
telephone
number is 0171 936 6826. The offices are open between 10 am and 4.30
pm
Monday to Friday.
Schedule A
The premises
Schedule B
The listed items
Schedule C
Undertakings given to the Court by the Applicant:-
(1) If the Court later finds that this Order or carrying it out has
caused
loss to the Respondent, and decides that the Respondent should be
compensated for that loss, the Applicant will comply with any Order
the Court may make. Further, if the carrying out of this Order has
been
in breach of the terms of this Order or otherwise in a manner
inconsistent with the Applicant's Solicitors' duties as Officers of
the
Court the Applicant will comply with any order for damages the Court
may make.
[(2) As soon as practicable to issue a Claim Form [in the form of the
draft
produced to the Court] [claiming appropriate relief]].
[(3) To [swear and file an affidavit] [cause an affidavit to be sworn
and
filed] [substantially in the terms of the draft produced to the
Court]
[confirming the substance of what was said to the Court by the
Applicant's Counsel/Solicitors].]
(4) To serve on the Respondent at the same time as this Order is
served
upon him (i) the Claim Form, or if not issued, the draft produced to
the Court (ii) an Application for hearing on [date] (iii) copies of
the
affidavits [or draft affidavits] and exhibits capable of being
copied
containing the evidence relied on by the Applicant. [Copies of the
confidential exhibits need not be served, but they must be made
available for inspection by or on behalf of the Respondent in the
presence of the Applicant's Solicitors while the Order is carried
out.
Afterwards they must be provided to a Solicitor representing the Respondent who gives a written undertaking not to permit the Respondent to see them or copies of them except in his presence and
not to permit the Respondent to make or take away any note or record
of the exhibits.] and (iv) a note of any allegation of fact made orally
to
the Judge where such allegation is not contained in the affidavits
or
draft affidavits read by the Judge.
(5) To serve on the Respondent a copy of the Supervising Solicitor's
report
on the carrying out of this Order as soon as it is received.
(6) Not, without the leave of the Court, to use any information or
documents obtained as a result of carrying out this Order nor to
inform anyone else of these proceedings except for the purposes of
these proceedings (including adding further Respondents) or
commencing civil proceedings in relation to the same or related
subject matter to these proceedings until after the return date.
[(7) To maintain pending further order the sum of in an account
controlled by the Applicant's Solicitors.]
[(8) To insure the items removed from the premises.]
Schedule D
Undertakings given by the Applicant's Solicitors:-
(1) To answer at once to the best of their ability any question whether
a
particular item is a listed item.
(2) To return the originals of all documents obtained as a result of
this
Order (except original documents which belong to the Applicant) as
soon as possible and in any event within two working days of their
removal.
(3) While ownership of any item obtained as a result of this Order is
in
dispute, to deliver the article into the keeping of Solicitors acting
for
the Respondent within two working days from receiving a written
undertaking by them to retain the article in safe keeping and to
produce it to the Court when required.
(4) To retain in their own safe keeping all other items obtained as a
result
of this Order until the Courts direct otherwise.
Schedule E
Undertakings given by the Supervising Solicitor:-
(1) To offer to explain to the person served with the Order its
meaning
and effect fairly and in everyday language, and to inform him of his
right to seek legal advice (such advice to include an explanation
that
the Respondent may be entitled to avail himself of [the privilege
against self-incrimination or] [legal professional privilege]) and
apply
to vary or discharge the Order as mentioned in the Respondent's
Entitlements above.
(2) To make and provide to the Applicant's Solicitors and to the
Judge
who made this Order (for the purposes of the Court file) a written
report on the carrying out of the Order.
Schedule F
Affidavits:-
The Applicant relied on the following affidavits:-
[name][
number of affidavit][
date sworn][
filed on behalf of]
Name and Address of Applicant's Solicitors
The Applicant's Solicitors are:-
[Name, address, reference, fax and telephone numbers both in and out
of
office hours.]
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