Anton Piller injunctions can protect evidence.

Anton Piller injunctions can protect evidence.

Do you suspect a defendant or potential defendant in your legal claim is hiding critical information that could be valuable evidence in support of your claim?  The experienced commercial litigation lawyers at Parris Whittaker are experienced in successfully applying for court orders such as Anton Piller orders on behalf of its clients to ensure such evidence is identified and obtained.

What is an Anton Piller order?

Anton Piller orders (sometimes known as ‘search orders’) are named after the 1976 UK case of Anton Piller KG v Manufacturing Processes.  They are ex-parte court injunctions used for the primary objective of preventing destruction or removal of evidence.  They require a defendant to allow the plaintiff to:

 

• enter the defendant's premises without notice
• search for and take away any material evidence and
• force the defendant to answer some questions

for the purpose of access and preservation of evidence. Anton Piller orders are not to be confused with search warrants.  However, if a defendant defies such an order,  he will be in contempt of court for refusing to comply.

Both Anton Piller orders and Mareva injunctions have particular significance in jurisdiction such as The Bahamas where, for instance, offshore investments are protected by strict confidentiality rules and where access to a defendant’s assets could prove particularly tricky.

What must you show?

If you think you have grounds to obtain an Anton Piller order, the commercial dispute resolution lawyers at ParrisWhittaker will take strategic and aggressive action on your behalf.  However, to successfully secure such an order, the bar is set very high and expert litigators such as Parris Whittaker are necessary to ensure you present a strong application.  Your application must show you had a business relationship with the defendant, and that the defendant is likely to be in possession of documents that can help prove your claim.

Such documentary evidence may take the form of bank account statements, letters and digital communications between you and the defendant, for instance.  In addition, you must be able to demonstrate in your application a very strong prima facie case including, for instance, that the defendant may destroy the evidence in connection with your claim.

If you are granted an Anton Piller order, we (as your representatives) will legally be entitled to enter the premises.  In some cases, we will be entitled to catalogue documentary and other evidence that may exist.

To enable us to act promptly on your behalf, contact us urgently so that we can advise you fully on the merits of your potential application for an Anton Piller order and, if appropriate, lodge an application urgently to protect your interests.  Contact the experienced commercial litigation lawyers at ParrisWhittaker for immediate expert advice.