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Norwich Pharmacal orders: unlocking the possibilities

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09 December 2022 / Andrew Herring , Ali Tabari
Issue: 8006 / Categories: Features , Disclosure , Procedure & practice , Property
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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.

The

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