Search Orders

Question 1

What is an ‘extremely strong’ prima facie case?

Answer 1

A situation where the defendant is selling the claimant’s intellectual property and there is plenty of evidence to support this claim.

Specific evidence must be pointed out to substantiate the case.

Question 2

What are the potential consequences for the claimant in a case of intellectual property theft?

Answer 2

Potentially very serious damage, including:
* The cost of losing unique intellectual property
* The risk of going out of business

Question 3

What must be demonstrated regarding the defendant’s possession of items in a search order?

Answer 3

Clear evidence that the defendant has the relevant item(s) in their possession and a real possibility they will destroy or hide it.

This possibility can be inferred from the defendant’s general character.

Question 4

How can a court infer the likelihood of evidence destruction by the defendant?

Answer 4

If the defendant is apparently in breach, secretive, guarded, and lies, the courts may infer that it is likely that evidence might be destroyed.

Question 5

What is required from the claimant in terms of disclosure?

Answer 5

Full and frank disclosure of all matters which are material to the case.

Question 6

What does ‘proportionate’ mean in the context of a search order?

Answer 6

A search order must be a proportionate response to the seriousness of the claim.