Ben Cooper KC overturns unlawful search warrant in extradition case

Ben Cooper KC, instructed by Sundeep Soor, represented a client who was the subject of a police search warrant executed at both his business and home premises. The warrant involved special procedure material and excluded business-related materials. The client was subject to ongoing extradition proceedings from the UK to the USA.

The US authorities requested UK police to execute a search of both business and home premises. It became apparent that the police had failed to put in place special procedures in respect of third party confidential business materials and evidence that was subject to legal and professional privilege based on the clients ongoing litigation in the UK and USA.

Following the search, application was made for a full copy of the warrant application made to the Crown Court. These materials demonstrated the terms of the ex parte police application was flawed, resulting in an unlawful warrant being issued by the court.

A letter before action was issued to the relevant parties, identifying the flaws in the warrant and the breaches of the Police and Criminal Evidence Act 1984.

Permission for judicial review was granted by Mr Justice Jay. Following this order and a subsequent directions hearing the police finally conceded the warrant was deficient and the search unlawful. 

The police are now applying under section 59 of the Criminal Justice Act to retain the unlawfully seized property in proceedings that remain ongoing. 

This challenge to the warrant provides a good example of the justiciability of search warrants premised on procedural failings with the High Court affording practical remedies halting reliance on unlawfully seized computers and the award of damages.