Simon Bushell and Gary Milner-Moore
The first and only book to offer an in-depth examination of the controversial Norwich Pharmacal jurisdiction
‘A discussion with any civil law practitioner hearing about the concept for the first time and appreciating its ramifications is guaranteed to lead to a certain level of astonishment.’
Simon Bushell and Gary Milner-Moore
From the introduction to this title
Disclosure of Information: Norwich Pharmacal and Related Principles deals with the increasingly important and distinctive power that the English Courts have developed to grant Norwich Pharmacal Orders (NPOs) to victims of wrongdoing.
From 1974 to the present day and beyond
Commencing with an overview of the history and principles of Norwich Pharmacal, this brand new title moves on to explore the key stages of development in this landmark case.
Focusing on the process of obtaining an NPO, due consideration is given to the thresholds which must be established for relief: wrongdoing, sufficient involvement, necessity and discretion.
As the Norwich Pharmacal jurisdiction has enjoyed a revival over the past five years in the wake of the Mohamed case, Disclosure of Information examines the future of the jurisdiction in modern applications such as the internet and social media, journalism, defamation, commercial secrets and fraud.
Recent and relevant case law
Disclosure of Information: Norwich Pharmacal and Related Principles references the following key cases:
• Norwich Pharmacal Co v Customs and Excise Commissioners
• British Steel Corp v Granada Television Ltd
• Bankers Trust Co v Shapira
• P v T Ltd
• Ashworth Hospital Authority v MGN Ltd
• Interbrew SA v Financial Times Ltd
• Carlton Film Distributors Ltd v VCI Plc
• Mitsui & Co Ltd v Nexen Petroleum UK Ltd
• R. (on the application of Mohamed) v Secretary of State for Foreign and Commonwealth Affairs
• United Co Rusal Plc v HSBC Bank Plc
• Bacon v Automattic Inc
• Patel v Unite
• Golden Eye (International) Ltd v Telefonica UK Ltd
• R. (on the application of Omar) v Secretary of State for Foreign and Commonwealth Affairs
• Rugby Football Union v Viagogo Ltd
• RFU v Viagogo
• R (on the application of Omar) v Secretary of State
This unique and comprehensive book addresses the English law position, which has been broadly adopted in many other jurisdictions including the British Virgin Islands, Jersey, Guernsey, the Isle of Man, Bermuda, the Bahamas, the Cayman Islands and the Seychelles. There are also other significant jurisdictions where the principles have evolved, such as Canada and Australia, so this title will also be of interest to these territories.
Who should buy this book?
Disclosure of Information is a must-read for legal professionals (both dispute lawyers in private practice and in-house lawyers) in sectors where the Norwich Pharmacal jurisdiction is commonly invoked, such as banking, local authorities, internet service providers and the media. It will also be relevant to academics and students in the field of civil evidence.
About the authors
Simon Bushell is a partner in the litigation and arbitration department at Latham & Watkins. He practises in the area of international commercial litigation and arbitration, and in particular specialises in civil fraud. He represents a broad range of clients, including large corporates, financial institutions and banks, in addition to foreign government agencies and state-owned companies. He is described in the Chambers UK 2013 directory as a ‘truly exceptional lawyer’ and ‘hard-hitting litigator’.
Gary Milner-Moore is a partner in the dispute resolution department at Herbert Smith Freehills. He advises on commercial disputes of all sizes and particularly on international cases, including fraud, breaches of fiduciary duty and breaches of trust. Chambers 2013 says of him, ‘he acts in complex fraud cases…and is noted for his particular experience in insolvency-related cases.’
ISBN: 978 1 78043 109 3 Pub date: April 2013 Format: Hardback
Price: £175 Extent: 296pp