Search Order Flashcards
(17 cards)
What is the purpose of an Anton Piller order?
To allow entry to a defendant’s premises to inspect and preserve evidence at risk of destruction, thereby preventing the frustration of justice.
What makes the Anton Piller order “draconian”?
Its ex parte, intrusive nature—executed without notice and allowing potential invasion of privacy or business operations—justifies strict judicial scrutiny.
What statutory provision gives the High Court of Guyana the power to grant Anton Piller orders?
Section 3B of the Civil Law Act, Cap. 6:01.
What are the three essential conditions for granting an Anton Piller order?
A4:
Strong prima facie case
Serious potential harm to the claimant
Real possibility the defendant will destroy or conceal evidence
Is an Anton Piller order a search warrant?
No. It is a civil order binding in personam, enforced under threat of contempt, not criminal law.
In which type of legal dispute was the order first established?
Intellectual property infringement (EMI Ltd v Pandit [1975]).
What case demonstrated its use in commercial fraud?
Yousif v Salama [2013], involving misappropriated financial records in a business venture.
What case illustrates the order’s misuse in a trade secret context?
Universal Thermosensors Ltd v Hibben – execution was oppressive; safeguards were inadequate.
What safeguard must applicants satisfy to ensure fairness in ex parte applications?
Full and frank disclosure – failure to do so can void the order (Brinks Mat Ltd v Elcombe).
What role must be present during execution to ensure procedural integrity?
A supervising independent solicitor.
What principle did Lock International plc v Beswick [1989] establish?
Orders must be proportionate and not paralyse business operations.
What does the Babanaft proviso safeguard against?
Ensures orders don’t improperly bind third parties or cause jurisdictional conflicts in cross-border cases (Babanaft v Bassatne [1990]).
What did Scott J caution in Columbia Pictures v Robinson?
That Anton Piller orders must go no further than necessary due to their “draconian and unfair” potential.
What remedies may a defendant receive if an Anton Piller order is misused?
Compensatory or exemplary damages.
How does Rank Film Distributors Ltd v Video Information Centre limit these orders?
Reaffirmed the privilege against self-incrimination as a constraint on enforcement scope.
Can Anton Piller orders be used to collect evidence for future claims?
No – they must not be used as fishing expeditions or to intimidate; they are for preserving existing evidence only.
What must the claimant show regarding harm to justify the order?
That there is serious potential or actual damage if evidence is destroyed or concealed.
