Civil Search Warrants

An Anton Piller order is in essence a civil search warrant granted in camera and ex parte which means that the order is granted without hearing from the respondent in “secret”. It is a legitimate procedure which warrants drastic relief.

Court orders may be made ex parte where the object of the court order would be defeated if the application were brought to the attention of the respondent. 

An Anton Pillar is directed at the preservation of evidence and the requirements for the granting of the order are:

1.     That the applicant has a cause of action against the applicant that it intends to pursue;

2.    That the respondent has in his possession specific and specified documents or things which constitute vital evidence in substantiation of the applicant's cause of action (but in respect of which the applicants cannot claim a real or personal right); and 

3.    That there is a well-founded apprehension that this evidence may be hidden or destroyed or in some manner spirited away by the time the case comes to trial or to the stage of discovery

Anton Piller orders are for the preservation of evidence and are not a substitute for possessory or proprietary claims and strict safeguards are placed in court orders granting such relief,

The goods and / or documents seized should be kept in the possession of the Sheriff pending the Court's determination. 

However, an Anton Piller order is a powerful tool used to obtain documents which may be hidden or destroyed before a matter can proceed to trial. Although Anton Piller proceedings are drastic in nature and the initial application is heard without hearing from the Respondent they do allow for a return day or reconsideration where the respondent’s side is indeed considered. Anton Piller proceedings are usually found in the field of unlawful competition but there are indications they may used in other matters as well.

June Marks

BCom (cum laude) LLB (cum laude) LLM (cum laude)

June Marks is currently working on an LLD in Public Constitutional and International Law