Disclosure of Information: Norwich Pharmacal and Related Principles

Disclosure of Information: Norwich Pharmacal and Related Principles offers clear and concise procedural guidance and comprehensive legal analysis of the key ingredients of the jurisdiction dealing with: * Wrongdoing * Involvement * Necessity * Discretion and scope of relief It is the only book available that deals solely with this important and distinctive power of disclosure developed (and continuing to develop) in the English Courts. This new Second Edition updates the English law position. In particular, it includes an up to date analysis of the applications of Norwich Pharmacal principles in the context of evidence for use in foreign proceedings. It also looks at developments in the extent to which relief can be obtained abroad. The Second Edition also now contains a Foreword written by The Rt. Hon. Professor Sir Robin Jacob, who was Junior Counsel in Norwich Pharmacal itself This invaluable resource: * considers Norwich Pharmacal orders in depth as well as examining the Bankers Trust jurisdiction and other species of relief such as third-party disclosure, pre-action disclosure and the use of subject access request * addresses developments in the field of third party disclosure in proceedings issued against persons unknown * includes practical examples illustrating how the jurisdiction is relevant in different scenarios that can be faced * explores specific topics such as the use of Norwich Pharmacal against internet service providers and social media operators * includes a chapter on the extra-territorial scope of the Norwich Pharmacal jurisdiction - of particular interest to litigators dealing with cross-border fraud issues The book combines detailed legal commentary with sound practical guidance and is essential reading for litigation practitioners and practitioners involved in commercial disputes.

1 Introduction 2 Overview 3 Background to the Norwich Pharmacal case 4 The Norwich Pharmacal case 5 Full information to assist the victim of fraud: Bankers Trust 6 Extending Norwich Pharmacal 7 Wrongdoing 8 Involvement 9 Necessity 10 Discretion and scope of relief 11 Common objections 12 Procedural considerations 13 Modern applications 14 Extra-territorial scope 15 Related Jurisdictions 16 International arbitration 17 Where next for Norwich Pharmacal? APPENDIX - SAMPLE ORDERS A. Simple Norwich Pharmacal Order in respect of an Identity B. Bankers Trust Order