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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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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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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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