CYPRUS: A NORWICH PHARMACAL ORDER IS ISSUED WHEN THE APPLICANT SATISFIES THE COURT THAT THE INFORMATION REQUESTED ARE OF VITAL IMPORTANCE FOR THE FILING OF THE ACTION OR FOR PLEADING AND PROVING ITS CASE AND ALSO THAT THE APPLICANT COULD NOT COLLECT SAME FROM ANY OTHER SOURCE.
In the case NORDSTAR TOWER –V- RIVERSTRETCH & OTHERS, the district Court of Nicosia held inter alia –(adopting the English case NIKITIN & OTHERS –V- RICHARDS BUTLER LLP & OTHER (2007) All ER 129) that an applicant to an application for the issue of discovery orders of Norwich Pharmacal type, shall satisfy the court that the requested information is of vital importance for the filing of his action or the pleading and proving of same, and also that the applicant cannot collect such information from another source.
In the above English case it has been held inter alia that the relief of Norwich Pharmacal orders is not intended to enable a victim of an unlawful conduct to fine tune a pleading or identify every person of whatever standing who may have committed an unlawful act.
Norwich Pharmacal does not give claimants general right to fish for information that will do no more than potentially assist them to identify a claim or a defendant.
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Mr. Soteris Pittas( spittas@pittaslegal.com ) at SOTERIS PITTAS & CO LLC,
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