FIPR amendment on "comms data" (was RE: FIPR wants Big Browser scenarios

[Donald Ramsbottom]

A
>Litigators will correct the detail, but a Mareva primarily freezes funds.
>It requires more than "substantial complaint laid", although courts were a
>bit gung ho in the early days.
>
>>The other, an Anton Piller order, is I believe a court order
>>which allows unannounced entry to be made (forcibly if necessary) 
>
>Most certainly not.  It orders entry to be allowed, and materials delivered
>up, on pain of punishment for contempt of court; but no force may be used.
>


Anton Pillars and Marevas have now been  replaced under the new Civil
procedure Rules (CPR). Both had been described as the Nuclear weapons of the
civil litigator. The problem was they were never treated as such by some
lawyers who used them regularly to obtain what they wanted.

The case law relating to them both was extensive. They were oppresively used
for many years.

The Anton Pillar was the civil "search warrant" to prevent abuse in later
years it was directed by the courts that it be executed by an independent
3rd party solicitor who was not a party to the action and who would
"oversee" the actions of the "applying solicitor". Force was never
authorised, other than by court appointed baliff acting under a contempt
order of the original issuing judge, where there was a brazen and wanton
disregard for the original order of the court and there were no other
practical means of executng the order of the court.

Marevas, were basically executed on bank accounts to prevent someone
removing funds from the jurisdiction of the courts (though not exclusively).
They were used extensively in both commercial and family matters (spouses
skipping off to parts foreign with all the loot was not unknown). They were
some what tricky a quite a lot of information was required to use them
effectively (not as much detail as a garnishee order).

The main problem from an HR point of view was that they were in the main
interlocutory orders and, therfore, usually a case was still on going and
there were no final findings of fact or law and there were no final orders.
Certain undertakings a to damages etc were required by those seeking the orders.

Anton Pillar is now :

>Order, formerly known as an Anton Piller injunction, under section 7 of the
Civil Procedure Act 1997 requiring a person to admit another party to
premises for the purpose of preserving evidence etc

Mareva is now:

>Order, formerly known as a Mareva injunction, restraining (amongst other
things) dealing with assets

Under the new CPR a civil court can order just about anything if it is
"proportionate" (there is that buzz word again), and as Nick says I have no
doubt a judge would order decryption in the right circumstances under pain
of a hefty contempt order; which is another reason why RIP is so superfluous.

On an entirely different matter, yesterday I did not receive any UKcrypto
posts until 17.00 hours, but was receiving other mail. Did anyone else have
a problem? If so mail me off list.



Donald Ramsbottom LL.B, BA (Hons).

RAMSBOTTOM & Co. Solicitors

Internet Law & Global Cryptology Law Specialists