Norwich Pharmacal Orders - another route to identifying Wrongdoers

The present crisis in the economy triggers financial problems for individuals across the board. All forms of investment fraud are rising fast whilst cryptocurrency is rapidly gaining ground as the vehicle of choice for fraudsters. The lawyers in Giambrone & Partners’ banking and financial fraud litigation department point out that the groundbreaking case where we secured the first order of its kind in Europe, in that permission to serve proceedings on persons unknown to two digital wallets over the blockchain by non-fungible token or ‘NFT’, now offers, for some victims, a route to recovery of their lost funds. 

However, there are many other ways that the novice investor is being defrauded. It is not uncommon for an innocent third party to be an inadvertent facilitator of the fraud or at least in some way unwittingly aid the fraudster. Wrongdoers involved in financial fraud prefer to keep their identity and whereabouts hidden, often third-party intermediary has crucial information relating to the identity of the wrongdoer but are caught by the implications of the General Data Protection Regulations (GDPR). 

Frequently a bank or other financial institution governed by stringent rules and regulations aimed at maintaining strict privacy with regard to their customers find that when they are unintentionally drawn into fraudulent activities they are placed in a difficult position. The solution to the dilemma is for the claimant to apply for a Norwich Pharmacal Order (NPO)

An NPO obliges the respondent to divulge information to assist applicant in their efforts to make a claim against the fraudsters. An NPO shall be brought against a party unlikely to be involved in the potential proceedings but has been mixed up in the fraud in some way and not just as a witness to the fraud.

Joanna Bailey, a partner, commented “An applicant must clearly outline all the material facts and has a duty to make a full  and frank disclosure to establish the validity of the potential claim and the need for an NPO.” Joanna further commented “The court determines an NPO, which is an equitable remedy, meaning the enforcement of a specific action. It is available in the jurisdiction of England & Wales and will only be granted where it is considered necessary in the interests of justice, such as to establish the name and whereabouts of the perpetrator of fraud and recipient of unlawful funds.” 

NPO should only be sought for a legitimate purpose, such as disclosure to enable the applicant to bring legal proceedings in order to seek compensation and redress for the fraud. NPOs are discretionary and there is no obligation on the court to grant them. However, it is highly unlikely that a court would reject an application for an NPO related to financial fraud. Our banking and financial fraud lawyers continue to expand the litigation strategies to recover our clients’ money lost in crypto assets fraud, developing new litigation techniques and adapting to match the agility of the fraudsters.

Joanna Bailey heads our banking and financial fraud litigation department.

Joanna frequently leads the litigation against financial institutions involved in cryptocurrency trading disputes, as well as Forex investment issues and regulatory investigations and has some considerable success in retrieving our clients' funds lost in fraud.

She has developed a range of strategies both to find the assets of the individuals perpetrating the fraudulent schemes and restore the funds to our clients. As well as recognising culpability in the organisations facilitating (but not associated with the fraud), by failing to undertake adequate due diligence.

Joanna led the first case in Europe where proceedings were served on Persons Unknown connected with two digital wallets over the blockchain by non-fungible token or ‘NFT’ in a cryptocurrency fraud. Following this ground-breaking case Joanna was named as Lawyer of the Week in the Financial Times.

Joanna is highly experienced in high-value out-of-court settlement negotiations and has in-depth knowledge of the Civil Procedure Rules as well as English common law.

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If you have been the victim of investment fraud and would like to understand how Giambrone & Partners can assist you please contact us at clientservices@giambronelaw.com or click here.