This guide outlines how to resolve commercial disputes.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n
You may hear a search order called an Anton Pillar order, which refers to a leading case dealing with search orders.<\/p>\n<\/div>\n\n\n\n
Courts grant search orders when they are satisfied that there is a real risk that the respondent may destroy evidence relevant to a civil claim. Two examples of circumstances where a court may award a search order are where:<\/p>\n\n\n\n
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- a senior employee, such as a company director, leaves with confidential information<\/a> that breaches their service contract and uses the information to compete with their former employer; or<\/li>\n\n\n\n
- someone has undertaken substantial breaches of someone\u2019s intellectual property rights<\/a>, such as mass piracy or unlawful reproduction.<\/li>\n<\/ul>\n\n\n\n
The claimant may have reason to suspect that the defendant will destroy evidence of their involvement. Accordingly, they seek an application to seize this information to preserve it for a civil claim. <\/p>\n\n\n\n
What are Imaging Orders?<\/h2>\n\n\n\n
Imaging orders represent the modern evolution of search orders for digital evidence. They allow an independent IT expert to create exact digital copies (“images”) of electronic data storage devices, including computers, smartphones, tablets, and cloud accounts.<\/p>\n\n\n\n
An independent IT expert accompanies the search team and creates forensic copies of all digital data. If devices cannot be imaged on-site, they may be temporarily removed, though replacement devices must be provided if the respondent is left without essential communication access.<\/p>\n\n\n\n
\u2018Without Notice\u2019 Search Orders<\/h3>\n\n\n\n
The purpose of a search order is to preserve evidence that the applicant believes the respondent will destroy. As a result, giving the respondent notice of the application before <\/em>the order is served would defeat the order’s purpose. <\/p>\n\n\n\n
That is why search orders are almost always granted without notice. However, since no notice is fundamentally unfair to the respondent, the applicant must apply and fulfil various stringent criteria. <\/p>\n\n\n
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\n \n Guide to Resolving UK Business Disputes<\/div>\n\n - someone has undertaken substantial breaches of someone\u2019s intellectual property rights<\/a>, such as mass piracy or unlawful reproduction.<\/li>\n<\/ul>\n\n\n\n