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The Anton Piller Order - A Civil Search Warrant
Resource type
Author/contributor
- Berryman, Jeff (Author)
Title
The Anton Piller Order - A Civil Search Warrant
Abstract
Throughout Commonwealth jurisdictions, courts, initially relying upon their inherent jurisdiction, have created what are called Anton Piller injunctions or orders. These orders are akin to a civil search warrant. They require, on pain of being held in contempt of court, the defendant to permit the plaintiff entry to the defendant’s premises so as to secure property or documents for which the plaintiff has been able to demonstrate that there is a high risk of loss or destruction if the plaintiff had commenced its action with the usual filing of statement of claim and notice of suit. The order has been described as the ‘nuclear weapon of civil procedure’. The order arose in much the same fashion as the development of Mareva injunctions, or what are now known as ‘asset preservation orders’. Viewed as being at the extremes of a court’s powers, the orders have generated a great number of procedural safeguards, both as to what a plaintiff must prove to obtain the order as well as in its execution once obtained.What follows is a brief overview of the development of Anton Piller orders in Canada, together with some of the problems and solutions engaged by this extraordinary order.
Genre
SSRN Scholarly Paper
Archive ID
3309879
Place
Rochester, NY
Date
2011-04-05
Accessed
9/29/23, 7:20 PM
Language
en
Library Catalog
Social Science Research Network
Citation
Berryman, J. (2011). The Anton Piller Order - A Civil Search Warrant (SSRN Scholarly Paper 3309879). https://doi.org/10.2139/ssrn.3309879
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