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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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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