Situations Where a Spoliation Order Can Be Granted
My Bicycle Was Stolen.
Two weeks later I see someone using a bicycle which I think is mine. I ask him to return it, but he refuses, saying that the bicycle is his. I can go to the police and make a complaint of theft. I can also go to court and ask for a spoliation order to get my bicycle back. But I cannot just go and take it back as this would be taking the law into my own hands. The courts must decide who the real owner of the bicycle is.
I Rent a House.
The owner forces me out and changes the lock on the door so I cannot go back in. I go to court that same day and ask for a spoliation order. If I am successful, the magistrate will order that I be allowed back into the house immediately. If the owner wishes to get me out he must make a proper case in the court and he must get a court order.