Anton Piller Orders

This is a special type of injunction which can be granted by the court in its discretion. This type of order is appropriate where there is a real risk that the defendant may dispose of infringing items and documents relating to it's infringing activities.

With an Anton Piller order the court, in addition to granting an injunction against the defendant, also orders the defendant to allow the plaintiff's solicitors to enter its premises to look for, inspect and take away any infringing items and documents relating to the defendant's infringing acts.

If the defendant refuses to obey the order it will be in contempt of court and risks imprisonment. The defendant can apply to the court to discharge the order after it has complied with it. If the order is discharged all items and documents seized must be returned to the defendant.

This type of order is not granted lightly. It is only available where there is clear evidence that the defendant has incriminating evidence and may destroy such evidence before an application can be made to the court. Such an order can be obtained in a matter of hours.

After an injunction has been granted the plaintiff must either proceed to trial or negotiate a settlement with the defendant. Quite often a defendant will agree to settle the matter rather than go to trial. As part of any settlement a plaintiff can require the defendant to pay legal costs and damages, surrender all infringing goods, give full disclosure of its suppliers and customers and agree to a permanent injunction being granted by the court.