- Cited — Andrew McCarthy v William Allan Jones & Anor. 2023-05-25
“…rned by CPR r 48.3. That rule, we believe, reflects the just outcome and is consistent with the views of Lord Reid and Lord Cross in the Norwich Pharmacal case [1974] AC 133, 176, 199. In general, the costs incurred should be recovered from the wrongdoer rather than from an innocent party.”…”
- Cited — Loreley Financing (Jersey) No 30 Limited v Credit Suisse Securities (Europe) Limited & Ors 2022-11-10
“…[1974] AC 133). He added that:…”
- Cited — David Bacci & Ors v Matthew Green 2022-10-25
“…rom the authorities and correct in principle that orders for the disclosure of information [pursuant to Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133] are only one, admittedly common, category of order which a court may make against a third party to prevent the use of his facilities to commit or facilitate a…”
- Cited — Stokoe Partnership Solicitors v Grayson & Ors 2021-04-30
“…The jurisdiction to order disclosure established in Norwich Pharmacal v Commissioners of Customs and Excise [1974] AC 133, in its classic form, is exercised against an innocent third party who has become mixed up with the tortious activities of a wrongdoer. In Norwich Pharmacal it…”
- Cited — TBD (Owen Holland) Ltd v Simons & ors 2020-09-08
“…r assets to be traced. Orders of the latter type are governed by distinct principles (see in particular Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 and Bankers Trust Co v Shapira [1980] 1 WLR 1274). A claimant may be able to justify obtaining both types of order, and the court may be willing to make both t…”
- Cited — DSM SFG Group Holdings Ltd & Ors v Kelly 2019-12-19
“… to the remaining recordings to the respondent’s legal team only; and (3) a Norwich Pharmacal order, see Norwich Pharmacal Co v. Customs & Excise Commissioners [1974] AC 133, requiring the respondent to provide the identity of a whistle-blower whom, he contended, had provided him with details of a particular piece of confidential i…”
- Cited — Jofa Ltd & Anor v Benherst Finance Ltd & Anor 2019-05-24
“…lants to disclose documents to them. The type of order made has acquired its name from the seminal case of Norwich Pharmacal v Customs and Excise Commissioners [1974] AC 133, in which the House of Lords established the principle that, where a wrong has been done or arguably done, a third party who has got mixed up in the wrongdoing…”
- Explained — Jofa Ltd & Anor v Benherst Finance Ltd & Anor 2019-05-24
“…it without being at fault or incurring personal liability, “comes under a duty to assist the person who has been wronged by giving him full information …”: see [1974] AC 133, 175. However, as explained by Lord Sumption in Singularis Holdings Ltd v PricewaterhouseCoopers [2014] UKPC 36; [2015] AC 165, para 22, the “duty” referred to…”
- Cited — Jofa Ltd & Anor v Benherst Finance Ltd & Anor 2019-05-24
“…“As Lord Reid himself put it in Norwich Pharmacal [1974] AC 133, 175, the intermediary came under the duty without incurring personal liability. This is really only another way of saying that the court had an equitable juri…”
- Cited — Jofa Ltd & Anor v Benherst Finance Ltd & Anor 2019-05-24
“…“As Lord Reid himself put it in Norwich Pharmacal [1974] AC 133, 175, the intermediary came under the duty without incurring personal liability. This is really only another way of saying that the court had an equitable juri…”
- Cited — WM Morrison Supermarkets Plc v Various Claimants 2018-10-22
“…use in foreign proceedings was an exclusive procedure, which precluded a remedy under the principles in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133); Investment Trust Companies v Revenue and Customs Commissioners [2017] UKSC 29, [2018] AC 275 (held: sections 80 and 80A of the Value Added Tax Act 1994 and t…”