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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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