Disclosure of Information: Norwich Pharmacal and Related Principles

by Simon Bushell, Gary Milner-Moore

Overview

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 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.

Product Details

ISBN-13:	9781526521774
Publisher:	Bloomsbury Academic
Publication date:	01/23/2023
Edition description:	3rd ed.
Pages:	352
Product dimensions:	6.69(w) x 9.61(h) x 0.81(d)

About the Author

Simon Bushell is a partner at Seladore Legal.
Simon specialises in international commercial litigation and arbitration, including civil fraud and asset tracing.
Prior to Seladore, Simon was the chair of the London Litigation practice of Latham & Watkins, and prior to that, a partner at Herbert Smith Freehills. Simon has over 28 years' experience in high stakes commercial litigation.

Gary Milner-Moore is a partner with Herbert Smith Freehills.
Gary advises clients on a wide range of commercial disputes. He helps them to navigate litigation, arbitration and alternative forms of dispute resolution, often with an international dimension and typically involving complex issues.

Table of Contents

Chapter 1: Introduction
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
A: Simple Norwich Pharmacal Order in respect of an Identity
B: Bankers Trust Order

Editorial Reviews

The extensive citation of case law from abroad is particularly useful; many of the authorities identified are very hard to locate elsewhere...the book is a valuable resource for anyone seeking to obtain or resist a Norwich
Pharmacal order.” —Charles Hollander QC, Brick Court Chambers, London, Law Society Gazette (Review of 2nd Edition)

“Disclosure of Information is a well-written and authoritative exposition of Norwich Pharmacal and related relief, effectively combining detailed legal commentary with sound practical guidance.” —Natalie Stopps, Associate, Commercial Litigation and Civil Fraud Department, Peters & Peters, London, Law Society Gazette (Review of 1st edition)

From the Publisher