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What are the requirements for a without notice search and seize order?

Because these orders are so intrusive, the courts have a high threshold before they will grant such as order without giving the respondent notice. The claimant has to show the following apply:
•    They have an extremely strong prima facie case
•    The actions of the respondent have caused very serious damage to the actual or potential interests of the claimant
•    They have clear evidence that the respondent possesses the incriminating documents or items and that there is also a real possibility that the respondent will destroy or dispose of these items if notice was given
If the above conditions are satisfied, then the court has to determine whether the harm that will be caused by the execution of order is disproportionate or excessive in relation to preserving the material. If it decides that this is the case, then it will not grant the order. 
 

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