Supervising solicitor service: Service of claims, search orders and disclosure
Your firm's reputation for procedural accuracy is your shield. A Supervising Solicitor is an appointee of the Court and is given the task of serving certain claim forms and other vital court documents, such as Search Orders.
The reason for this is that the service of these important documents has to be done fairly, and any subsequent searches or delivery up ordered by the Court must be done with forensic accuracy.
Our Principal, Elizabeth Ward, has undertaken many supervising solicitor actions and is well qualified to operate as your discreet, trusted legal assistant, providing the procedural oversight required to guarantee compliance with the Civil Procedure Rules (CPR), thereby eliminating risk of procedural challenge by the opponent.
What is the role of a Supervising Solicitor?
The role of a supervising solicitor involves taking formal responsibility for overseeing highly sensitive court procedures, such as the service of a Claim Form, Particulars of Claim, as well as Search Orders or "Delivery Up Orders".
Due to the high risk of procedural failure (which can sink an entire case), this task must be handled by an independent specialist solicitor.
Our firm provides Elizabeth Ward's expertise as the designated Supervising Solicitor, ensuring absolute fidelity to the court rules and compliance with any outstanding issues. This service is essential when dealing with complex, high-stakes, high-value issues.
Supervising solicitor service: How we assist you
Our instruction usually starts with a phone call to discuss the nature of the claim and all the issues:
- Initial procedural review. We advise on the requirements for the appointment of a Supervising Solicitor, which normally means providing a witness statement and CV to the Judge who will hear the first ex parte application. We also discuss the nature of the claim to determine the nature of the instruction, valid methods of service and timelines. A timeline is very important, where several Search Orders are executed at the same time, as consistency and timing are key.
- Strategy: A requirement for a Supervising Solicitor is often accompanied by things such as a Search Order or a "Delivery Up" order. We can often help with the strategy here, especially when it comes to the recovery of electronic documents and the material held by the Defendants. There is potential here for massive prejudice when whole hard drives and unfiltered documents are seized. We can help formulate a strategy that will be helpful to the Claimants but not prejudice the Defendants.
- The service guarantee: We meticulously plan, oversee, and document service, ensuring every detail, from the delivery of material through to the preparation of statements of service for the return date.
- Awareness across matter types: We have experience overseeing services for a wide range of disputes beyond the realm of just intellectual property. We have undertaken the service of orders in relation to Employment matters, including breach of confidence and trade secrets.
Our unique capability in this area
The key to this service is our firm’s 18 years of experience in dealing with the role of Supervising Solicitor and all that it involves, from Claimant to Defendant
You are not just getting a supervising solicitor; you are getting a litigation strategist overseeing the challenging issues, such as the recovery and inspection of electronic material held on hard drives, phones, in the cloud and on servers as part of your client's claim.
Supervising solicitor service: Common questions and answers
Why would law firms outsource the Supervising Solicitor role?
The Courts often require Claimants to ensure that fair play is considered when it comes to the service of specific orders. The potential to get this wrong is significant, as evidence which is not legitimately obtained is easily challenged and costly, and irreparable damage can arise.
Failure to effect proper service is a high-risk procedural mistake that can lead to the claim being struck out entirely, which is deeply embarrassing and expensive for any Claimant.
Engaging an experienced professional guarantees compliance and helps the Claimant obtain what would otherwise be draconian Orders.
What documentation do we require from you?
We require the final, sealed Claim Form, which is normally accompanied by a draft set of Particulars of Claim and a clear strategy regarding service and full details of the people to be served. We then take control of the execution, documentation, and liaise with you over the service and any consequential issues.
What cost model applies to this specialist service?
Get in touch with our team to discuss specific costs but we would suggest a ballpark figure of £7500 plus VAT plus expenses per day for an appointment, service and return report.
Next steps
Contact us to discuss instructing Elizabeth Ward in the role of Supervising Solicitor to secure procedural integrity.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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