Paragraph 2

Question 1

What is an injunction?

Answer 1

An injunction is an example of an equitable remedy that has developed overtime. It is defined as a special court order that compels a party to do or refrain from specific acts and was developed in 14th century England.

Question 2

Anton Piller v Manufacturing Processes (1976)

Answer 2

However, in the case of Anton Piller v Manufacturing Processes in 1976 a new injunction was developed named the search order.

Question 3

What is a search order?

Answer 3

It requires the defendant to allow the claimant’s legal team to enter his premises, search for, copy, remove and detain documents, information or material.

Question 4

What does the search order reflect?

Answer 4

This reflects an issue that arose where defendants were destroying or tampering with evidence and equity stepped in, introducing a search order, in an attempt to solve this as defendants are not aware of a search order being carried out.

Question 5

Is the case being continuously adapted and refined?

Answer 5

The case is continuously being adapted and refined, with cases such as Columbia Picture Industries v Robinson (1986) and Universal Thermosensors v Hibben (1992) laying down the guidelines for the exercise of the order.