u/Green_Island4920

Search order - submission

Hi all,

Hope everyone is doing OK in the midst of it all.

Regarding search orders, would I be correct to think that the submission is simply a case of showing "the claimant has a strong case, that they will suffer serious harm if the order is not made, and the defendant has incriminating material in their possession that cannot be obtained otherwise"?

Therefore:

  1. They have a strong case (as far as I am aware this has not been defined?)

  2. They will suffer serious harm (again, as far as I am aware there is little definition here?)

  3. They have incriminating materials in their possession - based on facts of the case

  4. Cannot otherwise be obtained - based on facts of the case

Lastly, that it is proportionate.

Am I missing anything? Any key cases or tests that feature?

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u/Green_Island4920 — 7 days ago

Hi all,

Hope everyone is managing to recover ok from the writtens!

Having a look through the QLTS mock matrix and they have 'ABH (Prosecution)' as an example for criminal advocacy. How would this be assessed in advocacy?

As we only have 15 minutes, my impression is that it would be a submission that is secondary to the main matter i.e. voir dire material (admissibility of evidence or exclusion confession) or bail app / plea in mitigation. For anyone with QLTS, can you elaborate how they envisage ABH would be assessed?

As for civil, am I right in thinking this is essentially limited to interim applications and relief from sanctions?

Thank you for any guidance!

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u/Green_Island4920 — 14 days ago