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Disclosure of Information: Norwich Pharmacal and Related Principles

By: Simon Bushell, Gary Milner-Moore
Media of Disclosure of Information: Norwich Pharmacal and Related Principles
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Published: 15-02-2019
Format: Hardback
Edition: 2nd
Extent: 320
ISBN: 9781526506764
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : £185.00
 

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Loren Epson

About 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.

Table Of Contents

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

Reviews

“...starts by looking at the elements of the original decision itself, and then goes on to break down each of the ingredients of the cause of action, and consider the case law in greater detail than any other work...the extensive citation of case law from abroad is particularly useful; many of the authorities identified are very hard to locate elsewhere...a valuable resource for anyone seeking to obtain or resist a Norwich Pharmacal order” –  Charles Hollander QC, Brick Court Chambers, Law Society Gazette

“...the book is a valuable resource for anyone seeking to obtain or resist a Norwich Pharmacal order.” –  The Law Society Gazette

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An interview with author Simon Bushell

Simon Bushell, Signature Litigation, discusses Disclosure of Information: Norwich Pharmacal and Related Principles on the Bloomsbury Professional YouTube Channel

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