释义 |
search order A form of interim mandatory injunction made by the High Court under the jurisdiction conferred upon it by section 7 of the Civil Procedure Act 1997. Such an order requires a defendant to permit a claimant or his representatives to enter the defendant’s premises to inspect, copy, or remove material evidence that it is feared the defendant might otherwise destroy or remove in order to frustrate the claimant’s action. Because of its nature, a search order is granted without notice to the defendant. It will be granted in limited circumstances, and only where it is deemed absolutely necessary. A search order may prima facie contravene the defendant’s right to privacy under Article 8(1) of the European Convention on Human Rights. However, the qualification under Article 8(2) would permit the use of such orders where necessary. The privilege against self-incrimination does not apply. Until 1999 a search order was known as an Anton Piller Order, from the case Anton Piller KG v Manufacturing Processes [1976] All ER 779 (CA). |