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25 February 2010 / Anna Fitzherbert
Issue: 7406 / Categories: Features , Commercial
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The big chill

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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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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