Many legal actions rely almost exclusively on the availability of documentary evidence.

It is therefore crucial that there should be a procedure to prevent a defendant seeking to destroy such items. This legal procedure is called the Anton Pillar order.

If a person bringing an action, the plaintiff, believes that vital evidence may be destroyed by a defendant, an immediate application should be made to the courts. The defendant will have no prior warning of this.

The application will list the items which the plaintiff believes the defendant possesses.

This can also include computer information.

Evidence must be produced that the defendant actually possesses the items in question and that he is likely to destroy them.

Once an order has been obtained, the plaintiff's solicitors are authorised to search the defendant's premises. If the defendant refuses to allow entry he will be in contempt of court and liable to a fine or imprisonment.

Jonathan Oxley is a partner with Bradford-based Lee & Priestley solicitors.

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