Are Anton Piller orders interlocutory injunctions?
Anton Pillar injunction also known in NSW as a “search order”, an Anton Piller injunction is a form of ex parte interlocutory injunction under which the plaintiff is given certain rights of access to and information concerning documents or articles in the defendant’s possession.
Is Anton Piller Order an injunction?
The English Court of Appeal granted an injunction ordering defendant to permit the plaintiff to enter the defendant’s premises to search and seize the incriminating evidence, hence the name ‘Anton Piller Order’. …
What is Anton Piller Order in copyright?
Anton Piller order is generally used in Intellectual Property law cases. It may seem like an Anton Piller order is similar to a search warrant but it is not the case, as an Anton Piller order allows the Plaintiff to enter the property of the Defendant without his permission.
Under which conditions can an Anton Piller order be obtained?
In summary, if you wish to obtain an Anton Piller order you will need to show that you have a case against your opponent, that your opponent has evidence in its possession that is necessary to prove your case, and that there is a very real likelihood that your opponent may destroy the evidence.
Which is the best description of an Anton Piller order?
An Anton Piller order, also known as a search order, is an order of a Court requiring one party (Respondent) to allow the other party (Applicant) to enter the Respondent’s premises to inspect, remove or make copies of documents or other items which might form evidence in an action or proposed action against the …
What are the different types of injunctions?
The following are the different types of the injunction:
- Preliminary injunction.
- Preventive Injunction.
- Mandatory injunction.
- Temporary restraining order.
- Permanent injunction.
What is the purpose of Mareva injunction?
Held (I) The sole purpose of a Mareva injunction was to prevent a plaintiff being cheated out of the proceeds of an action, should it be successful, by a defendant transferring his assets abroad or dissipating his assets within the jurisdiction.
What do you need to know about Mareva injunctions?
Essentially an interlocutory injunction, the elements that a plaintiff needs to establish in order to get a Mareva order are along the lines of any interim injunction – i.e. a prima facie case, balance of convenience and irreparable injury.
Is the Mareva order a draconian aid to justice?
The Mareva Order is an effective aid to ensure that justice is not thwarted, although it has been has been described, along with the Anton Piller, as “draconian.”
How are interlocutory injunctions granted in the UK?
Injunctions, including Interlocutory Injunctions, Mareva Orders, Anton Piller Orders and Civilian Search Orders, are not granted automatically. The Applicant must show reasons why an injunction should be given. The Court will assess whether there is a trialable issue and whether it should be given on the balance of convenience.
How is the Anton Piller order an example?
Further evidence of this is a simultaneous introduction of the Anton Piller Order – or an order compelling a defendant to permit the plaintiff into his premises to look for and collect evidence which he would otherwise have destroyed.
