Your “strong” court case is worth nothing without the hard evidence to support it.
What if that vital evidence is in the hands of the enemy, and you have every reason to believe that it will be destroyed or spirited away before trial? Fear not, our law has a powerful weapon to help you in the form of an “Anton Piller” search and seizure order.
Let’s have a look at how the “surprise” element inherent in applying for these orders is both central to their successful execution, and an underlying reason for our courts’ caution in granting them. You have many requirements to meet and the recent Supreme Court of Appeal case of a software developer’s claims for damages and unlawful competition show how they work in practice.
