The High Court has quashed a search warrant obtained during an FCA‑led investigation into a barrister, concluding that the warrant and subsequent search were unlawful because the application was made under the wrong statutory provision, but refused to order that search materials be returned to the Claimant.
The FCA, represented by Clare Montgomery KC and Florence Iveson, conceded that the warrant should be quashed but argued that the Claimant was not entitled to further relief. Accepting the FCA’s position, the Court held that notwithstanding the unlawfulness of the search, the appropriate mechanism for determining whether the items may be retained and used by the FCA in its ongoing investigation is the statutory process under section 59 of the Criminal Justice and Police Act 2001.
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