Tag Archives: Norwich Pharmacal

Commercial Court finds it did not have jurisdiction to permit service of an application for Norwich Pharmacal relief out of the jurisdiction

In a recent decision, the Commercial Court found that it did not have jurisdiction to permit service out of the jurisdiction in respect of an application for Norwich Pharmacal relief, ie an application requiring a third party who had been … Continue reading

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Filed under Disclosure, Jurisdiction

Recent decisions on when third parties can be required to disclose information under Norwich Pharmacal jurisdiction

On two occasions in recent months the courts have considered the extent to which a third party must have been (innocently) involved in wrongdoing before it can be required to provide information under the court’s Norwich Pharmacal jurisdiction. The first decision … Continue reading

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Filed under Disclosure, Enforcement

New book by Herbert Smith Freehills disputes partners: “Disclosure of Information: Norwich Pharmacal and Related Principles”

Simon Bushell and Gary Milner-Moore's new book "Disclosure of Information: Norwich Pharmacal and Related Principles" was published by Bloomsbury Professional at the end of April. It is the first and only text dedicated to the Norwich Pharmacal jurisdiction and was … Continue reading

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Filed under Announcements, Disclosure

Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings

The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in foreign criminal proceedings: R (on the application of Omar) v Secretary of State for … Continue reading

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Filed under Disclosure, Evidence, Judgments/Orders

Supreme Court upholds Norwich Pharmacal order in face of competing data protection rights

A recent Supreme Court decision clarifies the approach the courts should take in deciding whether to grant Norwich Pharmacal relief in the face of competing data protection rights, and in particular in determining whether the grant of the order satisfies … Continue reading

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Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings

The High Court has held that the regime for compelling evidence, as distinguished from information, for use outside of the jurisdiction is exclusively statutory. Accordingly, a Norwich Pharmacal order cannot be used to order the provision of evidence for foreign … Continue reading

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Filed under Disclosure, Evidence, Judgments/Orders