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 proceedings, regardless of whether the foreign jurisdiction provides a mechanism for obtaining such evidence via … Read more

Power to strike out exaggerated claim will rarely be exercised

The Supreme Court has ruled that the court has power to strike out a dishonestly exaggerated claim as an abuse of process at any stage of the proceedings, even where it has already determined that the claimant is in principle entitled to damages in an ascertained sum: Fairclough Homes Ltd v Summers [2012] UKSC 26. In doing so, it has … Read more