Anton Piller Orders
seeking to prevent destruction of evidence in defendants possession which is off vital importance for the trial
important cases
Bank Mellat v Nikpour one of laws 2 Nuclear weapons
EMI v Pandit - a claim for copy right infringement, risk if not allowed enter evidence destroyed - was granted
Anton Piller v Manufacturing Processes belief that sales agent selling equipment to competitor, court granted ex parte order to enter premsies and inspect documents relating to equipment
limits
actual or potential damage of serious nature
evidence the defendant has evidence and real possibility of destruction if done inter partes
extremely strong prima facie case
no real harm caused to defendant )don't want fishing expedition)
advantages
allows entry although can't force way in
done ex-parte
Microsoft v Brightpoint suprise is the essence, if no suprise than weakened
Elvee v Clive Taylor
first case
gave guidelines (reiterated and high threshold)
strong prima facie case
show actual or potential damage of very serious nature
clear evidence of incriminating evidence
real possibility of destruction before inter parte application
no real harm to defendant - can be fishing or intimidatory
discretionary
Emmanuel v Emmanuel solicitor permission to take away documents in locked filing cabinet
Universal Thermosensors v Hibben if male solicitor going to lone female, be accompaneid by a female
refusal of access
two approaches
Wardle Fabrics someone not obeying order should be liable as is contempt
Hallmark Cards if later dismissed, order wrongly given no liability
balance important
O'Brien v Red Flag claimed conspiarcy to defame him, wanted access to offices to find evidence - not granted - preservation and non-disclosure orders made instead - forensic images of computers made