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The big chill

25 February 2010 / Anna Fitzherbert
Issue: 7406 / Categories: Features , Commercial
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Anna FitzHerbert examines a freezing effect on disclosure

Evidence gathering can be fraught with challenges, particularly when it is held by an anonymous source. This issue can arise in all contexts, from civil claims to criminal proceedings and regulatory inquiries. Depending on the type of action anticipated or under way, various methods to gain access to information exist, including the powerful and intrusive Norwich Pharmacal (NP) order (named after Norwich Pharmacal Co v Commissioners of Customs and Excise [1973] 2 All ER 943).

NP enables applicants who meet its criteria to obtain documents or information from third parties somehow innocently caught up in wrongdoing. As reaffirmed in R (on the application of Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin)(Mohamed), the jurisdiction is flexible and open. Importantly, Mohamed regarded certain High Court cases in the early 2000s as having erroneously pushed NP onto a wrong path where relief lurked behind artificial barriers. Mohamed sought to remove those barriers, in particular by restoring the threshold of when relief is “necessary”

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NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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