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Cross-examination on Norwich Pharmacal affidavit

07/12/20

Stokoe Partnership Solicitors v Robinson, Grayson & anr. [2020] EWHC 3312 (QB)

William Davis J has given judgment on the circumstances in which the maker of an affidavit sworn under a Norwich Pharmacal order may be ordered to attend for cross-examination. Norwich Pharmacal orders are made against those mixed up in wrongdoing for the purpose of facilitating the identification of a third party wrongdoer so that proceedings may be brought against that third party. In this case, respondents to two separate Norwich Pharmacal orders had sworn affidavits giving apparently conflicting accounts. In the judgment, the court recognises that there is a jurisdiction to order cross-examination in exceptional circumstances (para. 34) but declines to exercise it in the particular case. The fact that the deponent was a party to current proceedings moving towards a trial was a relevant factor (para. 40), as was the scope to use CPR Part 18 to make requests for further information (para. 43).

The judgment is here.

Gerard Rothschild appeared for the Claimant (Stokoe Partnership Solicitors).

Tim Lord QC and Frederick Wilmot-Smith are also instructed by the Claimant in the underlying proceedings.