Jeff Chapman QC and Richard Power acted for a defendant who successfully resisted a very broad request for pre-action disclosure made by a Russian investment company in one of the last judgments handed down by Mr Justice Flaux in the Commercial Court before his elevation to the Court of Appeal. The Court (in a 223 paragraph judgment) decided that the jurisdiction of the Court to grant Norwich Pharmacal relief in relation to foreign civil proceedings was excluded by the Evidence (Proceedings in Other Jurisdictions) Act 1975. The Court also reviewed the modern law relating to NP applications and concluded it could not be used as a fishing expedition. The full judgment can be found here. Jeff and Richard were instructed by Rob Wynn Jones at Mishcon de Reya LLP.
