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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: 30-04-2013
Format: Hardback
Edition: 1st
Extent: 296
ISBN: 9781780431093
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : £195.00
 

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About Disclosure of Information: Norwich Pharmacal and Related Principles

Disclosure of Information: Norwich Pharmacal and Related Principles covers the origins of the jurisdiction and the key stages in its development including: the original Norwich Pharmacal case about identifying a wrongdoer to enable the victim to sue; its application to asset tracing; its evolution to cover any missing link and beyond; as well as the (now abandoned) narrow test of necessity.

It also includes an overview of the current requirements for a successful application, which will highlight the interplay between this jurisdiction and other more familiar methods of obtaining information including: disclosure in aid of freezing injunctions; pre-action disclosure; disclosure in proceedings; witness summonses statutory and regulatory powers. Also included is a detailed analysis of each of the key ingredients dealing with: involvement and the "mere witness" rule; "necessity", including the purpose for which the information is required; discretion, including factors such as confidentiality and the availability of alternative avenues.

There are worked examples of when and how the jurisdiction has been invoked in practice in order to give context to the requirements and an analysis of the extent of the information that can be obtained.

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?

Reviews

“...a timely and welcome development for litigators...a well-written and authoritative exposition of Norwich Pharmacal and related relief, effectively combining detailed legal commentary with sound practical guidance” –  Natalie Stopps, Law Society Gazette

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