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My company has been served with a seizure order

搜索 and seize orders are a form of mandatory injunction. 它们是最严厉的法庭命令,执行起来极其困难. These orders allow the claimant to enter the respondents premises in order to search for and copy documents and materials, 以及在适当的时候移除它们. 它们被用于各种情况,例如:
•违反保密声明
•知识产权问题,如专利或版权侵权和假冒索赔
•民事欺诈案件

If your company is served with a search and seizure order it is important to comply but also to take immediate legal advice. 如果你不遵守命令, 那你就会被判藐视法庭, 哪些会导致监禁, 罚款或没收资产.

瓦达格斯在处理与公司扣押令有关的所有事宜方面经验丰富. 大发软件下载 offer strategic and geared advice to ensure the best and most suitable outcome for you and your business. We understand that your time is precious and will take all reasonable steps to ensure that your management time in dealing with your matter is used in the most efficient and effective way.

常见问题

These orders were previously referred to as Anton Piller Orders. 法院可以授予这些命令,以保存证据或财产. This can be because the item is the subject of an action or because a question has arisen in an action in relation to that item. 该命令的目的是找到并保存相关信息或财产. 搜索 and seize order are very expensive to obtain and also to execute and are only granted where it has been determined as strictly necessary in the interests of justice. 这是因为它们严重侵犯了被告的权利和自由.

因为这些命令太烦人了, 法院在不通知被告的情况下下达命令之前有一个很高的门槛. The claimant has to show the following apply:•    They have an extremely strong prima facie case•    The actions of the respondent have caused very serious damage to the actual or potential interests of the claimant•    They have clear evidence that the respondent possesses the incriminating documents or items and that there is also a real possibility that the respondent will destroy or dispose of these items if notice was givenIf the above conditions are satisfied, then the court has to determine whether the harm that will be caused by the execution of order is disproportionate or excessive in relation to preserving the material. 如果它决定这是事实,那么它将不会批准该命令. 

强制披露或获取证据并非这些命令的目的. 它们的唯一目的是保存相关信息或财产. 它们是用来确保相关信息或财产的可用性而不被破坏.

The courts recognise that this is a very draconian and extreme order and the so there are various safeguards in place to protect the respondent:•    The claimant has to provide full and frank disclosure to the court when making the application. This is done in the form of an affidavit that sets out the facts that are being relied upon and will include relevant evidence•    The claimant must give an undertaking in damages in case it is later discovered that the claimant should not have been granted this order•    An independent solicitor is appointed to supervise the execution of the order and to provide a report on this. •通常, the order must be served on a weekday during working hours to allow the respondent the opportunity to get legal advice

This solicitor must explain the order in everyday language to the respondent so that they understand what it means.

The actions that can be performed by the claimant is limited to the scope of the order itself:•    Only property stated in the order that is under the control of the respondent can be searched and generally only property located in the UK•    The courts are wary about granting this type of order in relation to personal property, 比如被访者的家.•如果订单涉及多个地址(或各方), then the orders will have to be served and executed at the same time to minimise advance warning being given.•    The materials that can be copied and removed must be stated in the order•    Privileged material or information that would incriminate the respondent in relation to a crime is exempt. 独立律师将需要评估这些项目,以确定是否这种情况. 

如果被告不遵守命令,申索人不能强制进入. The claimant will notify the court and proceedings for committal for contempt of court can be commenced at this point. 这也很可能会在民事诉讼中对被告产生不好的影响.

The respondent can ask the court to vary a search order. This is only likely to be granted before the execution of the order where there are obvious errors in the documents that were produced by the claimant to the court. The claimant will have a return date to court following the execution of the order and usually the application to set aside or vary such an order will be done at this hearing. 当一项命令已获批准和执行,然后发现该命令不应作出时, 法院可以执行命令.

If you are served with a search and seize order, 那么,在执行命令之前,立即征求专家的法律意见是至关重要的. You must comply with the order so you are not in contempt of court, but good representation will ensure that it is determined whether the claimant has complied with all the requirements that are necessary to obtain such an order and that they made full disclosure to the court. If this was not done, then you may have the right to receive damages. Having strong legal representation will also ensure that your rights are protected and that the claimant does not act outside of the remit of the order in a manner that it unreasonable or oppressive. 

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