Mareva Injunction Order With Anton Piller

State:
Multi-State
Control #:
US-01009
Format:
Word; 
Rich Text
Instant download

Description

The Mareva injunction order with Anton Piller is a crucial legal form that provides a mechanism to prevent a defendant from disposing of assets that could fulfill a potential judgment. This order is particularly significant for cases where plaintiffs need to protect their interests from imminent financial harm. Key features of this form include the requirement for showing imminent harm to the plaintiff and a bond amount specified for issuing the injunction. The form facilitates the arrest of a defendant's actions regarding asset management while the case is pending. For attorneys, this form serves as a foundation for obtaining immediate and necessary court intervention in asset protection. Partners and owners can use this order to safeguard their business interests during disputes. Associates, paralegals, and legal assistants benefit by understanding how to file and manage the form effectively, ensuring compliance and proper procedure. This form is vital when urgent action is required to prevent asset dissipation prior to a final judgment.
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FAQ

The Anton Piller order also gives the applicant the right to seize the items mentioned in the order. Once the order is granted, the Court will appoint a sheriff and an independent attorney to enter and search the premises of the respondent and seize the items mentioned in the order.

Typically, the Mareva is used to ensure that assets which should be available to satisfy a potential judgment are not spirited away. The Anton Piller is employed to prevent a party from destroying evidence and covering his tracks. MAREVA AND ANTON PILLER - HeinOnline heinonline.org ? hol-cgi-bin ? get_pdf ? holdslr17 heinonline.org ? hol-cgi-bin ? get_pdf ? holdslr17

The courts have ruled that any law firm seeking an Anton Piller Order must retain an Independent Supervising Solicitor (ISS) to execute it. The ISS must be independent of the plaintiff or its solicitors, and is to be present at the search to ensure its integrity.

The Mareva injunction operates to freeze certain assets of a defendant (though not necessarily any concerned in the dispute) whilst the Anton Piller order is designed to preserve the subject-matter of the dispute and evidence relating to it.

An Anton Piller order (otherwise known as a search order) is a court order which permits inspection of the defendant or respondent's premises and civil search for and seizure of relevant materials and documents.

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Mareva Injunction Order With Anton Piller