Lawyers in common law jurisdictions, and especially those specialising in fraud and asset recovery, will be familiar with Norwich Pharmacal relief as a means of obtaining discovery from a third party mixed up with another’s wrongdoing. As frauds diversify and become more elaborate, assets can end up in multiple jurisdictions; and in recent years, registered agents in offshore jurisdictions have become attractive targets for Norwich Pharmacal relief on the basis of the information they hold regarding beneficial ownership. So, what happens when the underlying proceedings are subject to the jurisdiction of the English courts, but a Norwich Pharmacal-respondent is out of the jurisdiction? Is it possible to require a foreign entity to provide information by an English Norwich Pharmacal order and to serve that order out of the jurisdiction? A definitive answer has not been rendered by the courts.
Sarah Tresman explores the current state of play in the newly released ThoughtLeaders4FIRE magazine.