Disclosure of Information: Norwich Pharmacal and Related Principles

By: Simon Bushell
ISBN: 9781526506764

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About Disclosure of Information: Norwich Pharmacal and Related Principles

The definition of ‘disclose’ is: ‘to make known to the public information that was previously known only to a few people or that was meant to be kept a secret’ The ‘Norwich Pharmacal’ jurisdiction is a power of disclosure developed in the English Courts that gives a victim suspected of wrongdoing the right, prior to the beginning of any proceedings, to demand from a third party any relevant information or... Read more

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About Disclosure of Information: Norwich Pharmacal and Related Principles

The definition of ‘disclose’ is:

‘to make known to the public information that was previously known only to a few people or that was meant to be kept a secret’

The ‘Norwich Pharmacal’ jurisdiction is a power of disclosure developed in the English Courts that gives a victim suspected of wrongdoing the right, prior to the beginning of any proceedings, to demand from a third party any relevant information or documents against their wrongdoer.

The victim can seek any information necessary that will enable them, for example, to indentify the wrongdoer, ascertain the whereabouts of their monies or assets, or establish a cause of action. The victim can request this information even when the third party has done nothing wrong, and even, such as in banking, in the face of a duty of confidence owed to others.

Disclolure of Information: Norwich Pharmacal and Related Principles provides practical guidance and analysis of this important and distinctive power of disclosure. It details the current requirements for a successful application, including its interplay with this jurisdiction and other more familiar methods of obtaining information, for example:

– pre-action disclosure
– third party disclosure
– witness summons
CHC Software and other related cases
– proprietary orders
– legislative provisions

It analyses in detail the key ingredients of the jurisdiction dealing with:

– wrongdoing
– involvement
– necessity
– discretion and scope of relief

Disclosure of Information: Norwich Pharmacal and Related Principles addresses the English law position and its use in international jurisdictions which have broadly adopted it, for example BVI, Bahamas, Bermuda, Cayman Islands, Jersey, Guernsey, Isle of Man and the Seychelles, as well as the use of it in jurisdictions where it has evolved, for example Australia and Canada.

Table of Contents

Chapter 1: Intoduction
Chapter 2: Overview
Chapter 3: Background to the Norwich Pharmacal case
Chapter 4: The Norwich Pharmacal case
Chapter 5: Full Information to Assist the Victim of Fraud: Banker’s Trust
Chapter 6: Extending Norwich Pharmacal
Chapter 7: Wongdoing
Chapter 8: Involvement
Chapter 9: Necessity
Chapter 10: Discretion and Scope of Relief
Chapter 11: Common Objections
Chapter 12: Proecedural Considerations
Chapter 13: Modern applications
Chapter 14: Extra-territorial Scope
Chapter 15: Related Jurisdictions
Chapter 16: International Arbitration
Chapter 17: Where Next for Norwich Pharmacal
Appendix: Sample Orders

Publishing Details

Publication Date: 18 October 2018
ISBN: 9781526506764
Binding: paperback
Edition: 2

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