Search and imaging orders

Search and imaging orders

A search order (previously known as an Anton Piller order, following the case Anton Piller v Manufacturing Processes), enables a party to enter the defendant's premises to search for and remove evidence that might otherwise be destroyed or concealed by the defendant. Along with freezing injunctions, search orders have been referred to as one of the courts’ ‘nuclear options’, being an extremely intrusive remedy which may involve search of the respondent’s home as well as their place of business.

Search orders are therefore only granted in very limited circumstances and only if the following five conditions are satisfied:

1. •

   there must be a strong prima facie case of a civil cause of action

2. •

   the damage to the applicant to be avoided by the grant of the order must be serious

3. •

   there must be clear evidence that the respondent has incriminating documents or articles in their possession

4. •

   there must be a real possibility of the destruction or removal of evidence before an on notice application can be made

5. •

   the harm likely to be caused by the execution