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Disclosure of Information: Norwich Pharmacal and Related Principles, 2nd Edition

Disclosure of Information: Norwich Pharmacal and Related Principles, 2nd Edition

  • Author:
  • Publisher: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781526506764
  • Published In: February 2019
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,220.00

HKD 2,086.80 Save HKD 133.20 (6%)

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  • Description 
  • Contents 
  • Author 
  • Details

    The definition of 'disclose' is:

    'to make known to the public information that was previously known only to a few people or that was meant to be kept a secret'

    The 'Norwich Pharmacal' jurisdiction is a power of disclosure developed in the English Courts that gives a victim suspected of wrongdoing the right, prior to the beginning of any proceedings, to demand from a third party any relevant information or documents against their wrongdoer.

    The victim can seek any information necessary that will enable them, for example, to indentify the wrongdoer, ascertain the whereabouts of their monies or assets, or establish a cause of action. The victim can request this information even when the third party has done nothing wrong, and even, such as in banking, in the face of a duty of confidence owed to others.

    Disclolure of Information: Norwich Pharmacal and Related Principles provides practical guidance and analysis of this important and distinctive power of disclosure. It details the current requirements for a successful application, including its interplay with this jurisdiction and other more familiar methods of obtaining information, for example:

    • pre-action disclosure
    • third party disclosure
    • witness summons
    • CHC Software and other related cases
    • proprietary orders
    • legislative provisions

    It analyses in detail the key ingredients of the jurisdiction dealing with:

    • wrongdoing
    • involvement
    • necessity
    • discretion and scope of relief

    Disclosure of Information: Norwich Pharmacal and Related Principles addresses the English law position and its use in international jurisdictions which have broadly adopted it, for example BVI, Bahamas, Bermuda, Cayman Islands, Jersey, Guernsey, Isle of Man and the Seychelles, as well as the use of it in jurisdictions where it has evolved, for example Australia and Canada.

  • Chapter 1: Intoduction
    Chapter 2: Overview
    Chapter 3: Background to the Norwich Pharmacal case
    Chapter 4: The Norwich Pharmacal case
    Chapter 5: Full Information to Assist the Victim of Fraud: Banker's Trust
    Chapter 6: Extending Norwich Pharmacal
    Chapter 7: Wongdoing
    Chapter 8: Involvement
    Chapter 9: Necessity
    Chapter 10: Discretion and Scope of Relief
    Chapter 11: Common Objections
    Chapter 12: Proecedural Considerations
    Chapter 13: Modern applications
    Chapter 14: Extra-territorial Scope
    Chapter 15: Related Jurisdictions
    Chapter 16: International Arbitration
    Chapter 17: Where Next for Norwich Pharmacal
    Appendix: Sample Orders

  • Simon Bushell and Gary Milner-Moore are both partners in the dispute resolution department at Herbert Smith

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