Nautech Servs. v CSS Ltd. [2013] 1 JLR 462 (13 May 2013)
- Citation
- [2013] 1 JLR 462
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Injunction (anton Piller Order) / Ex Parte Application; Application to Discharge or Vary Order
More details
- Posture
- Injunction (anton Piller Order) / Ex Parte Application; Application to Discharge or Vary Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Plaintiff seeking an Anton Piller order ex parte must make full and frank disclosure, seek the least intrusive order necessary, and ensure all relevant material and authorities are presented to the court.
Court disposition
Guidance on procedural requirements for Anton Piller orders; no final disposition on merits reported.
Orders
- Application to discharge or vary order to be dealt with promptly; parties to be available at short notice.
02
Material facts
Parties
Nautech Servs.
PlaintiffCSS Ltd.
Defendant03
Procedural history
Posture
Injunction (anton Piller Order) / Ex Parte Application; Application to Discharge or Vary Order
04
Questions and positions
Legal issues
- 01
What are the duties of a plaintiff seeking an Anton Piller order on an ex parte basis?
- 02
What procedural safeguards must be observed in such applications?
Party arguments
- Applicant
- Plaintiff seeks an Anton Piller order to protect its interests and prevent destruction of evidence.
- Respondent
- Respondent may argue for less intrusive alternatives and challenge the necessity and scope of the order.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports [2013] 1 JLR 462
Plaintiff must seek the least draconian order necessary for its protection and make full and frank disclosure, including arguments for and against the application and alternative, less intrusive orders, and put all authorities and material before the court.
06
Ratio, limits and disposition
Ratio decidendi
Plaintiff seeking an Anton Piller order ex parte must make full and frank disclosure, seek the least intrusive order necessary, and ensure all relevant material and authorities are presented to the court.
Obiter and limits
- Applications to discharge or vary an Anton Piller order should be dealt with as soon as possible and parties should be available at short notice.
Court disposition
Guidance on procedural requirements for Anton Piller orders; no final disposition on merits reported.
- Application to discharge or vary order to be dealt with promptly; parties to be available at short notice.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Nautech Servs. v CSS Ltd. [2013] 1 JLR 462 (13 May 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR131462.html Cite as: [2013] 1 JLR 462 [ New search ] [ Help ] Nautech Servs. v CSS Ltd. 2013 (1) JLR 462 (13 May 2013) Injunctions-Anton Piller order-circumstances in which made-ex parte application-duties of plaintiff-to seek least draconian order necessary for its protection-to make full and frank disclosure, including arguments for and against application and alternative, less intrusive orders (e.g. for preservation of evidence) and put all authorities and material before court-application to discharge or vary order to be dealt with as soon as possible and parties to be available at short notice The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2013 (1) JLR 462 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR131462.html
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