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ARTICLE · 05 APRIL 2022

Obtaining Information About Wrongdoers In The BVI From Third Parties – An Introduction

Originally based on the English case of the same name , they are a widely used tool in litigation in the BVI.

British Virgin IslandsLitigation, Mediation & Arbitration

Nature of third party disclosure orders

Third party disclosure orders, commonly referred to as "Norwich Pharmacal orders" are a well-established form of relief which allows an applicant to obtain disclosure of information and documents from a third party. Originally based on the English case of the same name1, they are a widely used tool in litigation in the BVI.

The circumstances in which a Norwich Pharmacal order may be sought include the following: (a) to identify wrongdoers, (b) to identify the full nature of the wrongdoing to enable the applicant to plead their case, (c) to trace assets and proprietary claims and (d) to aid execution of a judgment. As such, it is an effective remedy for parties who have been defrauded in some way and for those dealing with evasive judgment debtors.

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