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09 December 2022 / Andrew Herring , Ali Tabari
Issue: 8006 / Categories: Features , Disclosure , Procedure & practice , Property
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Norwich Pharmacal orders: unlocking the possibilities

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Following a recent decision, Andrew Herring & Ali Tabari set out the opportunities for wider applications of Norwich Pharmacal orders going forward
  • A recent decision on a novel use of a Norwich Pharmacal order in detecting housing and tenancy fraud, with potentially wider implications.
  • This article sets out the recent trends in this jurisdiction, and provides essential tips for such future applications.

In the recent case of Royal Borough of Kensington and Chelsea v Airbnb Payments UK Ltd [2022] EWHC 2209 (Ch), a​​ local authority obtained a Norwich Pharmacal order (NPO) in circumstances which may open the door for more widespread use of this niche and flexible jurisdiction in detecting fraud, particularly when the fraud would otherwise be impractical to detect or when the relevant information is held on a website where fraudsters hold an account.

This article discusses the principles of the NPO jurisdiction, how it was applied in this case, and how it could be used in creative ways in the future.

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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