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Warrant – Search warrant. The claimant criminal law solicitors sought judicial review of the lawfulness of the issue of a warrant and the searches subsequently carried out at their home. The Divisional Court, in allowing the application, held that warrant had been unlawfully issued and executed. In particular, the warrant had been unlawful as, on the facts of the case, including the claimants' field of practice, the duty of full and frank disclosure had clearly required that the magistrates' court be told that the claimants had been solicitors and, consequently, that it had been highly likely that the terms of the warrant would include significant quantities of legally privileged material.
Warrant – Search warrant. The claimant criminal law solicitors sought judicial review of the lawfulness of the issue of a warrant and the searches subsequently carried out at their home. The Divisional Court, in allowing the application, held that warrant had been unlawfully issued and executed. In particular, the warrant had been unlawful as, on the facts of the case, including the claimants' field of practice, the duty of full and frank disclosure had clearly required that the magistrates' court be told that the claimants had been solicitors and, consequently, that it had been highly likely that the terms of the warrant would include significant quantities of legally privileged material.
By Derek Sweeting QC
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