Sam Roberts

Channel Islands and statutory fences: obtaining evidence for use overseas

The recent decision, Green v CT Group Holdings Limited, adds to existing case law on the point that Norwich Pharmacal applications cannot be used to obtain evidence for use in proceedings overseas. The court again found that the route to obtaining that evidence is “fenced off” by statute, and a letter of request must be issued to the English court from overseas instead. That process is however unsuitable for an urgent asset-trace in response to a fraud. Although controversial, there is a similar but separate route to obtaining information about assets and their whereabouts for use overseas under another statute.