12 Mar 2002
MANUFACTURER\'S LIFE INSURANCE CO. OF CANADA v. HARVEST HERO INTERNATIONAL LTD. AND OTHERS
- Citation
- MANUFACTURER\'S LIFE INSURANCE CO. OF CANADA v. HARVEST HERO INTERNATIONAL LTD. AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV631/2001
The Court of Appeal held that Norwich Pharmacal relief at common law is available to aid potential foreign proceedings and is distinct from the statutory evidence regime; the plaintiff established necessity and a prima facie case to obtain identification and documents from the 1st defendant; concerns over self-incrimination could be accommodated by appropriate non-use undertakings (eg by the Secretary for Justice) and protective paragraphs; accordingly the appeal was allowed and the order dismissing the Norwich Pharmacal application was set aside.