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:
They have a strong case (as far as I am aware this has not been defined?)
They will suffer serious harm (again, as far as I am aware there is little definition here?)
They have incriminating materials in their possession - based on facts of the case
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?