what is Anton Piller order?
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In British and British-derived legal systems, an Anton Piller order (frequently misspelt Anton Pillar order) is a court order which provides for the right to search premises and seize evidence without prior warning. This is used in order to prevent the destruction of incriminating evidence, particularly in cases of alleged trade-mark, copyright or patent infringements. The order is named for the case of Anton Piller KG vs Manufacturing Processes Limited in 1976, although the first such order was granted by Templeman J in EMI Limited v Pandit in 1975. They are now known as search orders in England and Wales.
Because such an order is essentially unfair to the accused party, Anton Piller orders are only issued exceptionally and according to the three-step test set out by Ormrod LJ in the Anton Piller case:
There is an extremely strong prima facie case against the respondent,
The damage, potential or actual, must be very serious for the applicant, and
There must be clear evidence that the respondents have in their possession incriminating documents or things and that there is a real possibility that they may destroy such material before an inter partes application can be made.
In the UK, it has been reported that approximately 500 Anton Piller orders were made per year between 1975 and 1980. During the 1990s, this rate had dropped tenfold. Although the name persists in normal usage, the common law application of this order has been largely superseded by a statutory Search order under the Civil Procedure Act 1997. However, in some jurisdictions (for example, Hong Kong) where there is no statutory Search order, the Anton Piller Order is still often used.
孩子在学校里挨了同学欺负,老师向我们反映了情况。孩子回到家里,我还是先给孩子一个very hard time,差一点忍不住抬起手。因为我小时候,即使在外面受了委屈,回到家还是要受到父母的教训。
所以,我现在落了个病:别人对我一瞪眼珠子,我马上反省自己一定做错了什么。孩子和别人发生矛盾,一定是自己有什么错引起的。自己屁股先打一顿板子。
当然我也知道,洋人对我不尊重,说我委琐,说我怕事儿。管它呢,委琐就委琐了,很多中国人不都这么活这么?!又不是我一个。。。
We are in Canada now, NOT in China. We can not judge things with the way in china, we have to follow the rule here, like a new game with new rules.
This case does not sounds good to Mr. Wang, because you do have their business info in the computer. But you did not do anything hurt or compete with your former company, so they can not against you , you just quit the job due to health problem.
I am not sure how long you need to wait be back your job, they do have some rule to protect business, not employee!you need find it out!
do not worry about it , we are immigrants, nobody can beat us!!
最初由 被封 发布:
你电脑里有公司的资料,这事很严重。
看你挺端厚,哇咧也说了你是好人,我信。
在中国人眼里,你电脑里的公司资料不算什么,你也是这么想的当初。
但这都是中国思维。中国思维害人。各位,一定切忌。
Above is very right.
You spent tens of thousand dollars on legal fees. They must have spent the same amount as well. The only reason is you must have very important data in your notebook which may threaten the survival of their business.
In CTTV, you said you brought tools, notebook and contracts to the second employer so that the first and the second owners and you can have the benefits. To me, that's theft. When a company goes to receivership, all physical properties and contracts will be sought by the sheriff.
You are so naive to admit the mistake to the public, reflecting your lack of legal knowledge.
I don't understand why you would bring a civil conflict to the media. CTTV and 51 are not law courts.
王兆栋之梦:我怎么能干回自己的本行?(第13集)