AA v JJ

AA v JJ

The requirements for Norwich Pharmacal relief are met; MM is likely to have relevant information, and the order is necessary to enable AA to pursue claims against XY. Extension of gagging provision and disclosure period is justified to prevent rendering the relief ineffective.

Parties
Claimant: AA; Defendant: JJ; Defendant: MM
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Application / Judgment on Norwich Pharmacal Order and Extension Application
Outcome
Norwich Pharmacal orders granted against MM and extension granted against JJ.
Legal Topics
Norwich Pharmacal Orders, Asset Tracing, Anonymity Orders, Section 423 Insolvency Act
Civil Procedure Insolvency Norwich Pharmacal Orders Asset Tracing Anonymity Orders Section 423 Insolvency Act

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Parties

AA

Claimant

JJ

Defendant

MM

Defendant

Procedural Posture

Application / Judgment on Norwich Pharmacal Order and Extension Application

Legal Issues

  1. 1 Whether Norwich Pharmacal relief should be granted against MM
  2. 2 Whether extension of gagging provision and disclosure period should be granted against JJ

Ratio Decidendi

The requirements for Norwich Pharmacal relief are met; MM is likely to have relevant information, and the order is necessary to enable AA to pursue claims against XY. Extension of gagging provision and disclosure period is justified to prevent rendering the relief ineffective.

Court Disposition

Norwich Pharmacal orders granted against MM and extension granted against JJ.

Orders

  • Norwich Pharmacal order made against MM in terms set out in draft orders.
  • Extension of gagging provision and disclosure period granted against JJ.