Supervising solicitors are court appointed solicitors who have experience in the execution of court orders such as search and doorstep delivery up orders.
Executing a search order is often plagued with difficulties. Careful advanced planning with the search team and communication are crucial especially if you have a number of target sites (including computers to search and image) and respondents on which to serve.
A first essential is therefore a good experienced search team. When selecting a supervising solicitor to be part of that search team it is important to have regard to the complexity of the situations they have previously dealt with and the sensitivity of the situations they are at ease with handling.
The supervising solicitor acts independently of the parties and serves the order on the respondent, explaining its meaning and consequences and supervises the order being carried out by the applicant’s representatives. All steps taken during the search are:-
- Supervised by the supervising solicitor;
- Carried out in the presence of the respondent or his solicitor; and
- Must be sanctioned by the court order.
The decision as to who to appoint as the supervising solicitor is therefore crucial – they will be the first person to contact the respondent and secure the search site. The working relationship they are able to build with the parties is extremely important and often dictates how successfully orders are carried out. Improper or oppressive conduct by the parties during the search’s execution can be, via the supervising solicitors’ report, the subject of unwelcome court criticism and could be a contempt of court.
Find a supervising solicitor
Here is a list of those CFLA members who have confirmed that they have experience in acting as a supervising solicitor*:
*The CFLA can give no assurances or warranties regarding the accuracy of any of this Website’s contents. The CFLA accepts no responsibility for, and excludes all liability in connection with use of information on this Website and downloading any material from it, including, but not limited to, any liability for errors, inaccuracies, omissions or misleading or defamatory statements.