Search and Seizure Orders in Civil Proceedings: A Guide
Exceptional Search Orders
In civil proceedings related to fraud, courts may issue exceptional search orders to obtain evidence from defendants. Two such orders are the Anton Piller Order and the Norwich Pharmacal Order (Pre-Action Discovery).
Anton Piller Order
Overview
- An exceptional order that allows the plaintiff to seek discovery of incriminating documents or items from the defendant without giving them notice.
- Designed to prevent destruction of evidence by the defendant.
Conditions for Granting an Anton Piller Order
- Extremely strong prima facie case of a civil cause of action
- Serious potential or actual damage to the plaintiff if the order is not granted
- Clear evidence that the defendant has incriminating documents or items in their possession
- Real risk that the defendant may destroy the documents or items before an application can be made
Considerations for the Court
- The court will only grant the order if the prospective harm to the plaintiff outweighs the prospective harm to the defendant.
- The applicant must propose specific search terms and categories of documents required, as an excessively wide search order may be found disproportionate.
Norwich Pharmacal Order (Pre-Action Discovery)
Overview
- Allows a plaintiff to obtain evidence from a third party involved in wrongdoing.
- Designed to enable the plaintiff to bring proceedings against the wrongdoer.
Conditions for Granting Pre-Action Discovery
- The non-party must have been involved in the wrongdoing
- There is a reasonable prima facie case of wrongdoing by the unidentified perpetrators
- Granting the order is necessary to enable the plaintiff to bring proceedings or is just and convenient in the interests of justice
Use of Obtained Documents and Information
- Documents and information obtained may be used in furtherance of commencing proceedings in a Singapore court against the wrongdoer.
Bankers Trust Order
Overview
- Allows a plaintiff to preserve or trace proceeds of fraud residing with a bank.
- Designed to override banking secrecy considerations and allow the bank to release information about their customers’ assets to third parties.
Conditions for Granting a Bankers Trust Order
- Similar to those for a Norwich Pharmacal order.