​Disclosure of Information: Norwich Pharmacal and Related Principles (3rd edition)

One of the great surprises for those of us who have followed changes in civil procedure in the last generation has been the rise in the importance of the Norwich Pharmacal order. Rescued from a century’s oblivion by the House of Lords in 1973, it has become an important weapon in the armoury of interim remedies. The fact that it is not a particularly intrusive remedy is part of its attraction for the courts. And the principles relating to its exercise seem to change significantly more than for most remedies. So it is perhaps not a surprise that the authors have brought out a new edition only four years after the last.

The most important new development since the last edition is in jurisdictional issues. There is a new service-out gateway in force since 1 October 2022 applicable to Norwich Pharmacal applications; I am embarrassed to say I was not aware of that until I learned of it in the new edition. The other great attraction of this book is in its referencing of offshore material, where there is lots of important case law which is often otherwise difficult to locate.  

Important new cases include Burford Capital v London Stock Exchange, ArcellorMittal USA v Essar Steel and Zeus Investors v HSBC.

My only slight regret is that the authors have omitted from this edition the wonderful foreword contained in previous editions by Sir Robin Jacob, which recounted blow by blow what happened at the hearing of the Norwich Pharmacal case itself (Jacob being the junior in the case). You may need to find a copy of the second edition to enjoy that.

Charles Hollander KC is an advocate at Brick Court Chambers, London