Skip Navigation Links   Skip Navigation LinksHome > Legal updates > Article
Vital evidence about to be destroyed? Act Immediately!
by LawDotNews
Published 2010/07/03 12:00:00 AM (Viewed 659 times)

What do you do if you suspect that someone you are suing (or are about to sue) is on the verge of hiding or destroying vital evidence in his/her possession?
Act immediately – our law has a remedy for you in the form of an “Anton Piller” order, whereby the Sheriff of the Court is authorized to search for, and seize into safekeeping, the relevant evidence.

 

But this is a drastic and draconian remedy. No advance notice is given to the other party, who is accordingly liable to suffer an unannounced and substantial invasion of privacy. Exactly that happened in a recent High Court case involving a search in the other party’s home, as well as at her office.


Bearing in mind our constitutional right to privacy, whilst the remedy itself is not unconstitutional, the courts require that very strict guidelines apply to its use. Thus, held the Court, the “sole purpose” of an Anton Piller is the “preservation of vitally needed evidence for use in an already identified claim” – for which reason the evidence to be seized must be both clearly specified and “centrally relevant” to the claim. Finding that in this particular case the order was too widely framed and thus amounted to “an impermissible fishing expedition”, the Court discharged the order with costs, refusing the applicant’s request that it rather be “trimmed down” to a more reasonable ambit. If it’s too wide – if it “materially” exceeds what the law permits – it has been “unlawfully obtained”, and is invalid.




 
Use of this website is subject to our terms of use.
Website by Connexity