Search Orders - TBD (Owen Holland) Ltd v Simons and Others
Author Mohammed Tawsif Salam Licence CC BY-SA 3.0 Source Wikipedia Chancery Divison (Mr Justice Marcus Smith) TBD (Owen Holland) Ltd v Simons and others [2020] EWHC 30 (Ch) (17 Jan 2020) Jane Lambert In Anton Piller KG v Manufacturing Processes Ltd. and others [1976] Ch 55, [1975] EWCA Civ 12, [1976] 1 All ER 779, Lord Denning MR noted that the judges of the Chancery Division had recently been making orders of a kind not known before whereby the plaintiff and his solicitors were authorized to enter the defendant's premises so as to prevent the loss or destruction of evidence, provided that the defendant gave them permission to enter. Such orders were then made under the inherent jurisdiction of the court and were not covered by the Rules of the Supreme Court so it fell to the Court of Appeal to consider them on principle. It seemed to Lord Denning that such an order could be made by a judge without notice to a defendant, but it...