Linda May Green –v– CT Group Holdings Ltd

Charles Hollander KC (sitting as a Judge of the High Court) dismissed the claim, holding in summary (and amongst other things) that there was no permissible purpose for which the information was sought, given the decision in R. (Omar) v. Secretary of State for Foreign and Commonwealth Affairs [2014] QB 112 and the line of authority following it. Moreover, the Judge held that an order would not serve a useful (and legitimate) purpose in any event and the ‘Overall Justice Condition’ was not satisfied.

The Judge observed that the effect of Omar and the cases following it is that, where the purpose of the Norwich Pharmacal application is to obtain evidence for use in foreign civil proceedings, or in connection with criminal proceedings or a criminal investigation being carried on outside the United Kingdom, the court has no jurisdiction to make a Norwich Pharmacal order because the exclusive remedy is under the respective statutory scheme.

Robert Weekes KC acted for the successful Defendant.

The judgment is available here.