Interlocutory Procedures & Enforcement

16 Pages • Topic Notes • Year: Pre-2021

What is an ANTON PILLER order? Ex parte orders authorising the SEIZURE of DOCUMENTS and other evidence, if there are STRONG GROUNDS for thinking that the defendant will otherwise destroy or remove such evidence. The court can do this under its inherent power to award injunctions and prevent abuse of process. In Anton Piller KG v Manufacturing Processes Ltd [1976] Ch 55 UKCA, Ormond LJ noted that such orders will be rarely made; ‘there must be an extremely strong prima facie case; the damage must be very serious for the plaintiff; there must be clear evidence that the defendants have in their possession incriminating documents of things and that there is a real possibility that they may destroy such material before any application inter partes can be made.’ He continued to say that the defendant can refuse such proceedings at his peril. What is a MAREVA INJUNCTION? Designed to PREVENT A DEFENDANT (or respondent to counterclaim) from DISPOSING of assets or REMOVING them from the jurisdiction, so as to defeat any judgment, which the plaintiff may obtain against the defendant at trial. It derives from the courts power to prevent an abuse of process. In Mareva Compania Naviera SA v International Bulkcarriers SA [1975] 2 Lloyd’s Rep 509 UKCA, Lord Denning MR noted that ‘if it appears that the debt is due and owing – and there is a danger that the debtor may dispose of his assets so as to defeat it before judgment – the Court has jurisdiction in a proper case to grant an interlocutory judgment so as to prevent him disposing those assets.’

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