Episode Description
In the recent decision of CF v DLG, the BVI Commercial Court
held that a two-step process is to be preferred over the use of
âwrap up ordersâ in Norwich Pharmacal proceedings. The
applicant, a judgment creditor, sought Norwich Pharmacal relief
against registered agency service providers to the judgment debtor,
for information to assist with considering its enforcement
options.
The BVI Court observed that âavid debateâ had arisen
over whether an application for a seal and gag order and for
Norwich Pharmacal relief should be determined at a single ex parte
âwrap upâ hearing or whether a two-step approach should
be preferred. The two-step approach involves first determining the
seal and gag part of the application ex parte (which can often be
done on the papers), and then, if the seal and gag is granted, the
Norwich Pharmacal part of the application proceeds on notice.