Law Report: Guidelines on court orders: Practice Direction: Ex parte Mareva injunctions and Anton Piller orders: Lord Taylor of Gosforth, Lord Chief Justice, Sir Stephen Brown, President of the Family Division, and Sir Donald Nicholls, Vice Chancellor.
Annexed to this practice direction were the new standard forms for (1) an Anton Piller order; (2) a worldwide Mareva injunction, and (3) a Mareva injunction limited to assets within the
These should be used unless the judge considered there to be good reason to adopt a different form.
Attention was drawn to the following matters:
(A) On an application for either a Mareva or an Anton Piller order:
(i) Where it was practicable, the pa-
pers should be lodged with the judge at least two hours before the hearing.
(ii) An applicant should be required, where appropriate, to support his cross- undertaking in damages by a payment into court or the provision of a bond by an insurance company. Alternatively, the judge might order a payment by way of such security to be held by the applicant's solicitor, as an officer of the court, pending further order.
(iii) So far as practicable, any application to discharge or vary the order should be dealt with effectively on the return date.
(B) On an application for an Anton Piller order:
(i) (a) As suggested in Universal Thermosensors Ltd v Hibben (1992) 1 WLR 840 at 861, the specimen order provided for it to be served by a 'supervising solicitor' and carried out in their presence and under their supervision. They should be an experienced solicitor, having some familiarity with the operation of Anton Piller orders, who was not a member or employee of the firm acting for the applicant. The evidence in support of the application should include the identity and experience of the proposed supervising solicitor. (b) If the judge did not think it appropriate for the order to be served by a supervising solicitor, his
reasons should be expressed in the order itself.
(ii) Where the premises to be searched were likely to be occupied by an unaccompanied woman and the supervising solicitor was a man, at least one of the persons attending on the service of the order should be a woman.
(iii) Where appropriate, the applicant should be required to insure items removed under the order.
(iv) The applicant should under-
take not to inform any third party of
the proceedings until after the return date.
(v) In future, applications in the Queen's Bench Division would no longer be heard by the judge in chambers. In both Chancery and Queen's Bench divisions, wherever it was practicable, applications would be so listed before a judge as to ensure that he had sufficient time to consider the papers in advance.
(vi) On circuit, applications would be listed before a High Court judge, or a circuit judge sitting as a High Court judge specially designated by the presiding judge to hear such applications.
Finally, if an Anton Piller order or Mareva injunction was discharged on the return date, the judge should always consider whether it was appropriate to assess damages at once and direct immediate payment by the applicant.
- 2 Kim Kardashian on Bruce Jenner's 'story': 'We support him no matter what, and I think when the time is right, he'll talk'
- 3 Russian girl takes her own life after parents find pornography on her computer
- 4 Ball pool for adults opens in London
- 5 Amal Clooney gives excellent response to fashion question at European Court of Human Rights
Saudi preacher who 'raped and tortured' his five -year-old daughter to death is released after paying 'blood money'
Kim Kardashian on Bruce Jenner's 'story': 'We support him no matter what, and I think when the time is right, he'll talk'
Michelle Obama highlights harsh restrictions faced by Saudi women after meeting King Salman without wearing a headscarf
Russian girl takes her own life after parents find pornography on her computer
Ball pool for adults opens in London
9 reasons Greece's experiment with the radical left is doomed to failure
'We would evict Queen from Buckingham Palace and allocate her council house,' say Greens
Have we reached 'peak food'? Shortages loom as global production rates slow
Greece elections: Syriza and EU on collision course after election win for left-wing party
British Muslim school children suffering a backlash of abuse following Paris attacks
British grandmother Lindsay Sandiford faces execution by firing squad in Indonesia
£40000 per annum: Ashdown Group: A reputable organisation within the leisure i...
£90 - £140 per day: Tradewind Recruitment: I am currently working in partnersh...
£96000 - £200000 per annum: Recruitment Genius: Looking for a better earning p...
£32000 - £36000 per annum: Recruitment Genius: A rapidly expanding company in ...