Jersey Pre-Action Disclosure Orders:- Discovery As To Fraud Methodology

This is Jersey’s first substantive Court of Appeal judgment on disclosure orders against third parties applying the Jersey approach to the legal principle which arose in the English case of Norwich Pharmacal –v- Customs & Excise (1974).

The Federal Republic of Brazil and the Municipality of Sao Paulo sought disclosure of documents from banks in Jersey in connection with the investigation of civil claims against a former mayor of Sao Paulo. The allegations against him involve conspiracy, corruption, embezzlement of public funds and money laundering. The disclosure sought was of documentation relating to accounts held with the respondent banks in the names of the appellant companies and certain other individuals and entities. The appellants opposed the application and appealed against the Royal Court’s decision to order such disclosure. The claimants sought the orders on the basis that they wished to