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Show me your cards!

17 July 2009 / Alan Sheeley , William Christopher
Issue: 7378 / Categories: Features , Commercial
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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

Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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