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ARTICLE · 20 MARCH 2024

Norwich Pharmacal Relief: Court Expands Test To Include The 'Proper Purpose' Condition

Norton Rose Fulbright Hong Kong
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In Green v CT Group Holdings Ltd [2023] EWHC 3168 (Comm), the High Court held that it should be a condition for granting Norwich Pharmacal relief that the application is made for a legitimate purpose.

United KingdomLitigation, Mediation & Arbitration
Emma Foord
Emma Foord
Emma Cridland
Emma Cridland

In Green v CT Group Holdings Ltd [2023] EWHC 3168 (Comm), the High Court held that it should be a condition for granting Norwich Pharmacal relief that the application is made for a legitimate purpose. This condition should be satisfied in addition to the other well-established conditions for relief. There is no legitimate purpose if the application is made in order to obtain evidence for use in foreign civil proceedings.

Background

The Applicant applied for a Norwich Pharmacal order (NPO) against the Respondent. A NPO is a type of disclosure order which compels a third-party (who is involved or mixed up in a wrongdoing, whether innocently or not) to disclose certain documents or information to the applicant.

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