Source: All England Reporter
Publisher Citation: [2009] All ER (D) 83 (Jan)
Neutral Citation: [2009] EWHC 37 (Ch)
Court: Chancery Division
Judge:

Richard Sheldon QC sitting as a deputy judge of the High Court
Representation Philip Marshall QC (instructed by Ashurst LLP) for the claimant.
  Stephen Rubin QC (instructed by SJ Berwin LLP) for the defendants.
Judgment Dates: 15 January 2009

Catchwords

Disclosure and inspection of documents - Disclosure against parties to proceedings - Disclosure for purpose of identifying other parties - Identification of wrongdoers - Claimant being a preferential shareholder in first defendant company - Claimant alleging defendant companies involved in asset stripping to detriment of claimant - Claimant seeking Norwich Pharmacal relief - Whether requirements for grant of relief satisfied - Whether judge should exercise discretion to refuse relief.

The Case

Disclosure and inspection of documents Disclosure against parties to proceedings. Chancery Division: The claimant bank's application for disclosure of information pursuant to the Norwich Pharmacal jurisdiction was granted in circumstances where the defendant companies had refused repeated requests to provide information about the removal of valuable assets from one of the defendants to the detriment of the claimant as one of its preferential shareholders.

Practice Areas

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