Anton Piller Order / Search Order (Order 29)

Anton Piller Order - order that provides the right to search the premises and seize evidence. This is to prevent the destruction of incriminating evidence.

1. Standard Form 8 from The Supreme Court Practice Directions
2. Application for Search Order is made by way of Ex-Parte Summons, Applicant may be required to support his cross-undertaking in damages by a payment into court. Full and frank disclosure of all material facts is required.
3. Judge has the discretion to require a supervising solicitor.

Plaintiff’s undertaking:-

4. To comply with any order that the court may make it it later finds that the order or its carrying out has caused loss to the defendant and decides that the defendant should be compensated for that loss.
5. Issue a Writ of Summons as soon as is practicable
6. Where appropriate, to file an affidavit confirming the substance of what was said to the court by the Plaintiff’s solicitor.
7. To serve on the Defendant at the same time as the order is served upon him, the writ and copies of the affidavits and copiable exhibits containing the evidence relied on by the plaintiff
8. (where supervising solicitor is appointed) to serve on the defendant a copy of the supervising solicitor’s report on the carrying out of the order as soon as it is received and to produce a copy of the report to the court
9. Not(without leave of the court) to inform anyone else of the order or the carrying out of the order or to use any information or documents obtained as a result of carrying out the order except for the purposes of the proceedings or to inform any one else of the proceedings until the trial or further order
10. (where appropriate) insure the items removed from the premises.

Procedure:-

11. Prepare and file Writ of Summons and Statement of Claim
12. Service of Writ of Summons and Statement of Claim
13. Prepare and file:-

1. Ex Parte Summons;and
2. Affidavit in support

14. Attend before the duty registrar or judge to apply for urgent hearing date of the application
15. Attend court for hearing of the application for the search order
16. If granted – prepare and file order of court in the prescribed format.
17. Applicant appoints supervising solicitor
18. Service of the search order by supervising solicitor who is required to:-

1. Offer to explain to the person served, the meaning and effect of the search order; and
2. Inform the person served of his rights to seek legal advice and to apply to vary or discharge the search order

19. Execution of Search order in the presence of the supervising solicitor
20. Defendants (before permitting entry) may seek legal advice and/or apply to court to vary or discharge the search order. While this is being done, he may refuse entry to permit the search for a short time (not exceeding 2 hours) unless applicant or supervising solicitor agrees to a longer period
21. After the execution of the search order, the plaintiff’s solicitors may prepare a list of items to be removed if any, from the premises searched
22. If required, the supervising solicitor is to prepare and submit the report setting out details of the search