‘An Anton Piller Order should appoint an independent supervising solicitor (ISS) who is independent of the Plaintiff or its solicitors and is to be present at the search to ensure its integrity.’
‘The Anton Piller Order bears an uncomfortable resemblance to a private search warrant. The protections to those subject to such an order are threefold:
- a carefully drawn order setting out the safeguards to those subject to the Order;
- a vigilant court appointed supervising solicitor who is independent of the parties;
- a sense of responsible self-restraint on those executing the Order.’
‘Solicitors who accept the responsibility for supervising the execution of search and listing orders must do so with appropriate sensitivity for the defendant’s rights. In the enforcement of the order, plaintiffs must act with due circumspection. As the issuance of Anton Piller Orders becomes more frequent, there is a tendency to forget how serious of an intervention they are in the privacy and rights of the defendants. Reasonable counsel understand the need to respect privacy and the rules of the adversary system of dispute resolution. The execution of Anton Piller Orders is important to the administration of justice. The Court expects the ISS acting as an officer of the Court to exercise independent judgment, prudence, and respect for the defendants’ rights.’
The law is clear: any law firm that is seeking to enforce an Anton Piller Order must retain an Independent Supervising Solicitor (ISS) to execute the Order.
At Investigation Counsel, we as the ISS for law firms seeking to preserve evidence by way of an Anton Piller Order. Our policing experience and extensive networks ensure that Anton Piller Orders are executed peacefully and properly. When Anton Piller Orders need to be executed at multiple locations simultaneously, we rely on our network of lawyers who have previously served as police officers and who have experience in executing Criminal Code search warrants.
The execution of an Anton Piller Order involves four phases: planning, execution, reporting, and evidence continuity. At Investigation Counsel, we invite law firms to discuss with us fixed fees for the first three phases of the execution of an Anton Piller Order. The evidence continuity role of the ISS does not lend itself to fixed fee retainers.
Planning the execution of an Anton Piller Order is crucial. We recommend law firms contact us prior to bringing a motion for an Anton Piller Order to ensure the Order is drafted in a manner that allows for the desired outcome.