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Norwich Pharmacal Orders and Bank Secrecy
Norwich Pharmacal Orders (NPOs) are sought when claimants are aware that a wrongdoing has occurred but (i) the identity of the wrongdoer is unknown to them or (ii) the identity of the wrongdoer is known to them, but more information is needed to be able to file a claim. In this context, the courts issue NPOs to oblige third parties to disclose such information. This article discusses recent cases regarding the issuance of NPOs against banks.
The conditions for obtaining an NPO
The courts have equitable jurisdiction to issue NPOs and NPOs are considered a flexible remedy. In the recent case of Avila Management Services Ltd v Frantisek Stepanek κ.α. (2012) 1 ΑΑD 1403, the court clarified that the conditions for obtaining an NPO are the following:- A wrong must have been carried out, or arguably carried out, by an ultimate wrongdoer;
- There must be the need for an order to enable action to be brought against the ultimate wrongdoer;
- The person against whom the order is sought must: (a) be mixed up in to have facilitated the wrongdoing; and (b) be able or likely to be able to provide the information necessary to enable the ultimate wrongdoer to be sued;
- The court will consider whether the issuance of an NPO is necessary and to this effect it will consider (amongst others) the conduct of the ultimate wrongdoer, whether there are facts to be investigated in trial, whether it is possible for the claimant to obtain the information through another route, whether the claimant truly intends to bring a claim against the ultimate wrongdoer, etc.