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 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.

This title is included in Bloomsbury Professional's Practice and Procedure online service.

List 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

About the author

Simon Bushell is a partner at Seladore Legal.
Prior to founding Seladore Legal with Gareth Keillor, Simon was Senior Partner at Signature Litigation and Chair of the London Litigation practice of Latham and Watkins.
Simon has over 28 years' experience in high stakes commercial litigation.
Simon specialises in international commercial litigation and arbitration, including civil fraud and asset tracing.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.

Summary

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.

This title is included in Bloomsbury Professional's Practice and Procedure online service.

Foreword

Disclosure of Information: Norwich Pharmacal and Related Principles 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.

Additional text

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.

Product details

• Authors: Simon Bushell, Gary Milner-Moore
• Publisher: Bloomsbury Academic
• Languages: English
• Product format: Hardback
• Released: 30.01.2023
• EAN: 9781526521774
• ISBN: 978-1-5265-2177-4
• No. of pages: 352
• Dimensions: 160 mm x 252 mm x 32 mm
• Weight: 720 g
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Litigation, International Law, Fraud, Civil procedure, litigation & dispute resolution