When an Englishman’s Home is not his Castle: High Court reverses CAT Ruling that a “higher order of scrutiny” is Required for the CMA to Obtain a Domestic Warrant

The Competition and Markets Authority (CMA) declared victory as the High Court confirmed the standard of evidence needed to secure warrants to search domestic premises. 

The Competition Appeal Tribunal (CAT) had refused to grant a domestic search warrant to the CMA in connection with a cartel investigation. It held in a judgment of October 2023 (the CAT Judgment) that a “higher order of scrutiny” was required for domestic warrants than for business premises warrants, in order to protect individuals’ rights to a private and family life under Art. 8 of the European Convention on Human Rights (ECHR).

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