Disclosure of Information ― Norwich Pharmacal and Related Principles

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.

Simon Bushell is a partner at Signature Litigation. Simon specialises in international commercial litigation and arbitration, including civil fraud and asset tracing. Prior to joining Signature, 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.