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

Author: Simon Bushell; Gary Milner-Moore
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526506764

Previous Edition ISBN: 9781780431093
Published In: February 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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