Under civil law search warrants, known as “Search and Seizure orders” can be obtained through the courts. These orders can be compared to the search warrants under Section 8 of PACE, though they are for civil purposes. Historically these orders were called “Anton Piller Orders”, after the case law relating these.
The name Anton Piller order comes from the case – Anton Piller KG vs Manufacturing Processes Limited .
The tests required for an Anton Piller/Search and Seizure Order are:
- There is an extremely strong prima facie case against the respondent,
- The damage, potential or actual, must be very serious for the applicant
- There must be clear evidence that the respondents have in their possession incriminating documents or things and that there is a real possibility that they may destroy such material before an inter partes application can be made.