Anton Piller Order

Anton Piller Order in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Anton Piller Order, produced by Tetley, in the context of admiralty law: (Also referred to as Anton Pillar Order) An ex parte injunction used in U.K. and British Commonwealth jurisdictions, whereby the court authorizes a party to a civil action to enter and search premises and to inspect, photograph and/or remove property specified in the order which may be the subject-matter of, or be evidence in, the action. The order is only granted in exceptional circumstances. The name is derived from the English Court of Appeal’s decision in Anton Piller KG v. Manufacturing Processes Ltd. [1976] Ch. 55. See Martin Dockray, Anton Piller Orders, Watson Hill, London, 1992; Tetley, M.L.C., 2 Ed., 1998 at pp. 1022-1025. Statutory authority for the Anton Piller order was provided in the United Kingdom by the Civil Procedure Act 1997, U.K. 1997, c.12, sect. 7, and the order is now referred to in the U.K. as a “search order”. The specific rules on the issuance, service and execution of “search orders” are provided in the U.K. by the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, Part 25 (Interim Remedies and Security for Costs) at Rule 25.1(1)(h) and Practice Direction Part 25 (Interim Injunctions) at paras. 7.1 to 7.5(13). For a Canadian example of an Anton Piller Order, see Nintendo of America, Inc. v. Coinex Video Games Inc. [1983] 2 F.C. 189 (Fed. Ct. of App.). See also Rule 377 of the Federal Court Rules, 1998, SOR 98/106, on motions for the preservation of property. See also Tetley, Int’l. M. & A. L., 2003 at p. 416.