Brazil v Citibank [2006] JLR 478 (01 November 2006)

Brazil v Citibank [2006] JLR 478 (01 November 2006)

A bank may be ordered to make pre-trial disclosure of documents and information about a customer's account alleged to contain proceeds of fraud if there is a real prospect that such disclosure will enable the plaintiff to locate the money and bring proceedings to recover it.

Citation
[2006] JLR 478
Parties
Plaintiff: Brazil; Defendant: Citibank
Jurisdiction
Jersey
Judgment Date
01 November 2006
Procedural Posture
Civil / Pre Trial
Outcome
Norwich Pharmacal order granted
Legal Topics
Disclosure, Norwich Pharmacal Order, Banking Fraud
Civil Procedure Disclosure Norwich Pharmacal Order Banking Fraud

Case Brief

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Parties

Brazil

Plaintiff

Citibank

Defendant

Procedural Posture

Civil / Pre Trial

Legal Issues

  1. 1 Whether a bank can be ordered to disclose documents and information about a customer's account alleged to contain proceeds of fraud under a Norwich Pharmacal order

Ratio Decidendi

A bank may be ordered to make pre-trial disclosure of documents and information about a customer's account alleged to contain proceeds of fraud if there is a real prospect that such disclosure will enable the plaintiff to locate the money and bring proceedings to recover it.

Court Disposition

Norwich Pharmacal order granted

Orders

  • Bank ordered to disclose documents and information about customer's account alleged to contain proceeds of fraud