Cases

Hughes v Carratu International plc

Held

Making the disclosure order,

(1) Under the Norwich Pharmacal jurisdiction the Court had to be satisfied, first, that a wrong had been carried out or arguably carried out, by an ultimate wrongdoer: Mitsui & Co Ltd v Neeun Petrolium UK Ltd [2005] 3 All ER 511 followed. In this case the Court could not rule out the possibility that the Respondent or the law firm had acted unlawfully in instructing the agents to obtain information about the Applicant. There was an arguable cause of action against both parties in confidence or privacy and under the Data Protection Act 1998 ss 7(9) (right of access to personal data), 14(4) (rectification and destruction), 13(1) (compensation for any contravention of the requirements of the Act) and 55.

(2) Under CPR 31.16 the Applicant had to show that, inter alia, the Respondent was likely to be a party to the proceedings. Despite the absence of any clear evidence to this effect, the Court was satisfied that this was the case.

Also