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17 July 2009 / Alan Sheeley , William Christopher
Issue: 7378 / Categories: Features , Commercial
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Show me your cards!

William Christopher & Alan Sheeley examine the law regarding obtaining evidence in cases of fraud

A good card player has an educated suspicion as to what cards are being held by the other player. Similarly, a victim of fraud often has an educated suspicion that a wrong has been committed against them but has no evidence. In the civil courts it is possible to obtain evidence to prove that a wrong has been committed and, in certain circumstances, without the wrongdoer being tipped off.

The jurisdiction first established in Norwich Pharmacal Co and other v Commissioners of Customs and Excise [1973] 2 ALL ER 943 (Norwich Pharmacal order) has long sought to provide a remedy for the victim. Norwich Pharmacal orders have been adapted over the years to fit new situations and this has led to a potential overlap with pre-action disclosure, under the Civil Procedural Rules (the CPR) r 31.16. This was illustrated recently in the ongoing case of BNP Paribas v TH Global Ltd and others [2009] EWCH 37 (Ch)

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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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