In Ramilos Trading Limited v Valentin Mikhaylovich Buyanovsky, the High Court rejected the applicant’s request for a Norwich Pharmacal Order (“NPO”). In rejecting the application, Mr Justice Flaux analysed a number of independent elements that must be present in order to grant an NPO, culminating in a significant judgment which both clarifies existing ambiguities while … Continue reading Role of Norwich Pharmacal relief in foreign proceedings and new threshold test for determining if “wrongdoing” has occurred
In AB Bank Ltd v Abu Dhabi Commercial Bank PJSC, the Commercial Court set aside a Norwich Pharmacal Order (“NPO”) made against a bank in the UAE on the basis that the court had no jurisdiction to serve the order on the bank out of the jurisdiction because none of the permitted jurisdictional gateways under … Continue reading Commercial Court refuses to permit service of Norwich Pharmacal Order out of the jurisdiction
In Orb ARL and others v Fiddler and another, Mr Justice Popplewell discharged a Norwich Pharmacal order following the discovery of serious failures by the applicants to fulfil their duty of full and frank disclosure. There was also significant evidence to suggest that the true purpose of the application was to gain an advantage in … Continue reading “Abusive” Norwich Pharmacal order discharged
If you are planning to obtain a pre-issue Norwich Pharmacal order you may wish to have a re-think following Master Matthews’ judgment in Towergate Underwriting Group Limited v Albaco Insurance Brokers Limited. Master Matthews held no reservations in asserting that an applicant for a Norwich Pharmacal order must show that it has issued a claim … Continue reading Want a Norwich Pharmacal order? You’d better issue a claim first.
In Santander UK plc v The Royal Bank of Scotland plc and others, the High Court was asked to reconsider three applications for Norwich Pharmacal orders that had previously been refused. In doing so, it considered whether the court has jurisdiction to grant such orders in the context of claims for restitution or unjust enrichment. … Continue reading Scope of Norwich Pharmacal jurisdiction in restitution cases
Santander UK plc v National Westminster Bank plc concerned the granting of various Norwich Pharmacal orders in favour of Santander UK plc against other banks, the customers of which wrongly received funds following mistaken electronic payments by Santander into the wrong accounts. Norwich Pharmacal orders allow an applicant to obtain an order from the court … Continue reading Norwich Pharmacal applications in the context of unjust enrichment and some practical advice
JSC BTA Bank v Ablyazov concerned an application by BTA Bank for the costs of compliance with a Norwich Pharmacal order to be paid by the respondent, Mr Tyschenko. Mr Tyschenko was a Ukrainian businessman with interests in a range of oil, gas, banking and real estate assets. The bank’s case was that he was … Continue reading Norwich Pharmacal orders: when respondent can be ordered to pay applicant’s costs
Credit Suisse Trust v Banca Monte Dei Pasche Di Siena involved two separate but linked applications for Norwich Pharmacal orders against Italian banks. Norwich Pharmacal orders allow the applicant to obtain information from a third party mixed up in the proceedings to identify, and therefore allow for a claim against, the wrongdoer. A trust, of … Continue reading Jurisdiction to grant Norwich Pharmacal order against a party outside the jurisdiction if they have a branch within it