oa De Rebus - Step-by-step Applications for Anton Piller orders
|Article Title||Step-by-step Applications for Anton Piller orders|
|© Publisher:||Law Society of South Africa|
|Publication Date||Sep 2003|
|Pages||26 - 28|
|Keyword(s)||Anton Piller orders and Step-by-step applications|
It sometimes happens that a person believes that he has a cause of action against another, but requires, in order to establish his case, documentation or other evidence which is in the possession or under the control of the person he wishes to sue. The danger then exists that his adversary will frustrate the claimant's action by destroying or concealing the evidence which the claimant needs in order to prove his claim. A novel remedy that was devised in England to prevent such a situation from arising is the 'Anton Piller order', named after one of the early English cases in which an order of that type was sought, Anton Piller KG v Manufacturing Processes Ltd & Others [1976) I All ER 779 (CA). The order is to the effect that the party applying for relief is permitted to search the premises of his adversary for the evidence in question, and upon finding it, to seize and remove that evidence so as to preserve it for the purposes of the trial (or main application) which will follow in due course.
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