Authors: Simon Bushell and Gary Milner-Moore

Publisher: Bloomsbury Professional

The scope of the Norwich Pharmacal jurisdiction has expanded significantly since the landmark ruling of 1974. Orders have been granted in aid of post-judgment enforcement, to help locate the ‘missing piece of the jigsaw’, and in a wide range of factual and legal scenarios. To date, however, this important form of relief has escaped extensive analysis. Accordingly, the publication of Disclosure of Information, a book devoted exclusively to Norwich Pharmacal and related principles, is a timely and welcome development for litigators.

In addition to considering Norwich Pharmacal orders in depth – providing a detailed review of the threshold tests applied by the courts – the authors also examine the Bankers Trust jurisdiction and other species of relief such as third-party disclosure, pre-action disclosure and the CHC Software form of order.  This discussion of alternative routes to discovery will help practitioners seeking to identify the most appropriate and proportionate means of obtaining the material sought.

Disclosure of Information will be a valuable point of reference for those considering how Norwich Pharmacal relief has been – and might yet be – extended to cover novel situations. As well as charting the general development of the jurisdiction, the authors explore specific topics such as the use of Norwich Pharmacal against internet service providers and social media operators, and the potential availability of relief in (or in support of) arbitration proceedings.  

The authors’ comprehensive legal analysis is complemented by clear and concise procedural guidance and by appendices containing sample Norwich Pharmacal and Bankers Trust orders. The book also features a chapter detailing objections commonly advanced by respondents to Norwich Pharmacal applications or by intervening parties. This offers helpful guidance on how the courts may weigh such arguments in the balance when considering the grant of relief.  

Litigators dealing with cross-border issues will appreciate the inclusion of a chapter on the extra-territorial scope of the Norwich Pharmacal jurisdiction. The authors have usefully incorporated detailed commentary on the recent Court of Appeal decision in Omar, which has confirmed the non-availability of Norwich Pharmacal relief in aid of overseas criminal proceedings. The implications of Omar for civil proceedings are as yet unknown, and this is a topic to which the authors will doubtless return in future editions.

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 is an associate (employed barrister) in the commercial litigation and civil fraud department at Peters & Peters, London