CYPRUS: The equitable remedy of discovery order of a Norwich Pharmacal type or a Bankers Trust type, constitutes an independent cause of action enabling a victim of a wrongdoing to file a discovery action.
In a recent case, which was handled by our lawfirm, a Cypriot First Instance Court adopted the legal principles laid down in the famous English case Norwich Pharmacal Co & Others –v- Commissioner of Customs & Excise, and ruled that the equitable remedy of discovery, constitutes an independent cause of action, enabling a victim of a wrongdoing, to file a discovery action.
In the above case, the Plaintiffs filed an action or bill of discovery, against a Cypriot Bank, requesting the disclosure and discovery of information and documentation, in the possession of the Cyprus Bank, in relation to bank accounts of an overseas company, through which the alleged wrongdoings, were committed against the Plaintiffs.
The Cyprus Bank was the only defendant, in the discovery action, and the only remedies requested, were the discovery orders.
In the context of the discovery action, the Plaintiffs filed an application by summons, for the issue of discovery and disclosure orders of Norwich Pharmacal type and Bankers Trust type.
The Respondent Cypriot Bank, opposed the application for discovery, raising inter alia an objection, that no independent discovery action could proceed against it.
The Cypriot First Instance Court, issued the requested discovery and disclosure orders, deciding inter alia, that the equitable remedy of discovery constitutes an independent cause of action.
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