Explanatory note
(This note is not part of the Regulations)
These Regulations prohibit county courts from granting—
an order allowing one party to search premises for the purpose ofobtaining evidence in proceedings (an“Anton Piller” order);
an interlocutory injunction preventing a party from either removingassets out of the jurisdiction of the High Court or dealing with assetswhether within the jurisdiction of the High Court or outside thatjurisdiction (a“Mareva” injunction);
except in specified circumstances (regulations 2 and 3).
The High Court and County Courts Jurisdiction Order 1991 (S.I.1991/724) gives the High Court jurisdiction to grant an injunction in orin anticipation of county court proceedings where the county court hasno jurisdiction to do so and applications for Mareva injunctions shouldbe made to the High Court. These Regulations provide that theapplication to the High Court for an Anton Piller order shall be deemedto include an application for transfer of the proceedings (regulation4). Where the proceedings (and not just the application) are transferredto the High Court, the Regulations provide for transfer back again oncethe application has been dealt with (regulation 5).