Norwich Pharmacal – a Key Tool for Asset Tracing and Enforcement

In a recent application before Justice Kaye QC in the BVI Commercial Court Walkers successfully obtained a Norwich Pharmacal Order against the Registered Agent of a BVI Company alleged to have been involved in a wrongdoing.

In an unreported Judgment, Justice Kaye QC reaffirmed the principles by which the Court would order Norwich Pharmacal relief. These principles are neatly set out in the case of JSC BTA Bank:

There are two threshold requirements for the jurisdiction of the court to come into being. First there must have been a wrong…. Second, the respondent to an application for disclosure must have “become mixed up” in it. That is the basis of the jurisdiction. A further principle to apply, have the threshold requirements have been satisfied, is the one of necessity.

 

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BRITISH VIRGIN ISLANDS
Rosalind NicholsonPartnerT +1 284 852 2237rosalind.nicholson@walkersglobal.com
Murray LaingSenior AssociateT +1 284 852 2226 murray.laing@walkersglobal.com