Anton Piller orders are rightly considered to be one of the most draconian remedies that a Court may issue.

In effect, the defendant is made subject to a mandatory order of the Court to allow specified individuals, usually the lawyers of the claimant, to enter the specified premises and search for evidence, property or other material falling within the categories defined in the order (e.g., computers). If such evidence, property or material is retrieved, it can be removed so that it can be safeguarded.

Alongside Prohibitory orders, Receivership orders, Chabra orders, Disclosure orders, Anti-suit injunctions and European account preservation orders (all discussed elsewhere on the website), Anton Piller orders form the complete arsenal of interim relief available in Cyprus Courts.

Purpose

Anton Piller orders’ primary purpose is to prevent a Respondent from interfering or destroying any documents or evidence of any other nature which are essential for the main legal proceedings.

Legal Framework

Anton Piller orders are based on section 32 of the Court of Justice Law (14/60). Thus, a potential applicant must satisfy all the conventional requirements of section 32 which apply to all interim injunctions.

Having said that, Cyprus Courts having recognized the invasive nature of Anton Piller orders have proceeded to impose several safeguards that an applicant must overcome. Specifically:

1. There is an extremely strong case that there is a serious issue to be tried
2. The damage caused (actual or potential) to the applicant is severe
3. There is convincing testimony that the defendant has in his/her possession incriminating evidence
4. There is a real possibility that the defendant may destroy such evidence before any application inter partes can be made
5. It is just and equitable to issue the order

Note: It is important to specify in the Anton Piller order the evidence that may be found in the premises of the defendant.

An Expanding Jurisdiction

At first, Anton Piller orders were only granted in instances of interferences with copyrights.

Nowadays it is generally accepted that Anton Piller orders can be granted in a variety of cases, including but not limited to disputes on agency agreements, matrimonial cases as well as in aid of execution of judgments.

An Extreme Jurisdiction

Anton Piller orders have been repeatedly being characterized as being the law’s “nuclear weapon”.

This is because such orders result to the personal representative of the applicant entering the private premises of a defendant and searching them before the defendant has the chance to put his/her side of the case to the court.

In other words, the defendant will only find out about the issuance of the Anton Piller order at the time of its execution. This effectively means that he/she will not be given a chance to dispute the issuance of the Anton Piller order if he/she complies with it.

Note: The defendant should be provided with an opportunity to consult his/her lawyer. However, the right to legal advice can only be exercised within a noticeably short period (usually within a few hours from the moment the defendant finds about the issuance of the Anton Piller order).

Compatibility with Prohibitory Orders

In practice Anton Piller orders are combined with freezing orders. The Anton Piller part of the application allows the claimant to retrieve evidence and prevent its destruction, while the prohibitory part prohibits the defendant from dissipating any assets up until the adjudication of the main proceedings.

Failure to comply

An Anton Piller order is distinct from a search order.

Accordingly, if the defendant refuses to comply with the Anton Piller order, the claimant cannot enter the premises. Instead, the claimant should seek new directions form the Court.

Having said that, if the defendant does not allow entry as per the provisions of the Anton Piller Order, he/she may be liable for contempt of Court which is punishable by imprisonment or sequestration of assets or a fine.

In addition, any third party who while aware of the Anton Piller order knowingly and intentionally incites or aids in its violation may also be held liable in contempt of Court.

Cyprus Courts will treat any willful violation with the utmost severity. In a well-known passage, often adopted by Cyprus Courts, the Supreme Court denoted the following:

“Invariably disobedience of the order of the Court undermines the effectiveness of the judicial process, a defiance of far-reaching social repercussions. Obedience to orders of the Court constitutes one of the foundations of civilized life.”

Our Services

Economou & Co LLC is a trusted Cyprus leader in all matters involving corporate litigation and interim relief. Please contact us if you are interested in:

• Strategic advice re the legal steps that need to be undertaken in Cyprus to achieve your objectives
• General advice in respect to all matters concerning corporate litigation, such as commercial fraud, civil conspiracy, jurisdictional issues, recognition and enforcement proceedings
• Filing and obtaining interim relief, including but not limited to prohibitory orders, Chabra orders, disclosure orders (Norwich Pharmacal), tracing orders (Bankers Trust), receivership orders, Anton Piller orders (search orders), gagging orders and anti-suit injunctions