Anton Pillar Orders

Question 1

Columbia Pictures v Robinson

Answer 1

it was held the APO is used to ‘prevent a defendant,
warned of impending litigation, from destroying evidence that may assist the plaintiff.’

Question 2

Ladey v Dockrey

Answer 2

“an exceptional device intended to avoid injustice, which has become almost a routine method of creating it”.

Question 3

Microsoft Corporation v Brightwater Ireland Ltd

Answer 3

The APO is obtained ex-parte, as the essence of an APO is surprise

The order operates in personam and unlike a warrant, requires the defendant to consent. Failure to consent may result in the defendant being held in contempt of court. Thus, Lord
Donaldson was correct to coin it ‘a nuclear weapon’ of the law.

Question 4

Anton Pillar v Manufacturing Processes

Answer 4

laid out ‘essential pre-conditions’ for granting an order:
1. There must be a strong prima facie case
2. The potential damage to the plaintiff must be very serious
3. There must be clear evidence of criminal things on the defendant’s premises
4. There must be clear evidence of disruption before the trial
5. The order cannot really harm the defendant.

Question 5

Elvee Ltd v Clive Taylor

Answer 5

it was held given the severity of making an order without hearing
the other sides argument which allows one to go onto the premises of another, the threshold is very high.

Question 6

O’Brien v Red Flag

Answer 6

the plaintiff sought an APO on the basis Red Flag was conspiring to defame him. In an attempt to balance interests of the parties and acknowledging the draconian nature of APO’s, Kearns J instead ordered evidence preservation orders and non-disclosure orders.

Question 7

Beihler

Answer 7

in this jurisdiction it may be preferable to complain to the gardai if there is copyright infringement as they can issue a warrant.

Question 8

Zuckerman

Answer 8

“huge potential for prejudice”, as the defendants are treated as though they have already been tried and found guilty. He describes compensation as “limited”, and the whole system as being in need of great reform.

Question 9

Ladey v Dockrey

Answer 9

“compelling aspect of contempt”; it is effective in ensuring compliance in that refusing to do so will result in jail time, making compliance an easy choice.

Question 10

Yousif v Salama

Answer 10

APO is a ‘draconian power which should only be used in very exceptional
cases.’