A search warrant application before the magistrates’ court can take a matter of minutes; the search itself a matter of hours. But when a claim is brought against the police for the way in which a warrant was obtained or executed, the consequence can be long, drawn out and costly litigation. Police forces risk paying out compensation for trespass to property, breach of Article 8 and malicious procurement of a search warrant.
Tchenguiz: indemnity costs in successful challenge to search warrants
The Divisional Court has required the Director of the Serious Fraud Office to pay the Claimants’ costs on an indemnity basis following their successful challenge to search warrants obtained by the SFO.