Anton Piller KG v Manufacturing Processes Ltd
1975 · [1976] Ch 55
Posted By lanbuk.com
- Facts
- Anton Piller believed its former agents were passing confidential information to rivals and would destroy the evidence if warned.
- Issue
- Could the court order the , without notice, to let the claimant's representatives enter and search for documents?
- Held
- Yes, in an extreme case. The Court of Appeal required an extremely strong case, very serious potential damage, and clear evidence that the defendant has incriminating material and may destroy it.
- Principle
- A may be made without notice to preserve evidence, on strict conditions.
- Why it matters
- It gives its name to the search order.
Words and Latin in this note
- Search order
- An order allowing the claimant's representatives to enter premises to find and preserve evidence. Open the note.
- Prima facie
- At first sight: evidence strong enough to prove a point unless it is answered or contradicted. Open the note.
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