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Civil fraud and asset recovery, Commercial disputes, Company law, International / offshoreTuesday 15 October 2024

Commercial Court grants Norwich Pharmacal order in Filatona Trading and Oleg Deripaska v Quinn Emanuel Urquhart & Sullivan UK

On 14 October 2024 the Commercial Court handed down judgment in Filatona Trading Limited and Oleg Deripaska v Quinn Emanuel Urquhart & Sullivan UK LLP [2024] EWHC 2573 (Comm). Mr Justice Calver acceded to the Claimants’ application for a Norwich Pharmacal order where the defendant law firm had obtained from an unnamed business consultancy a report which was subsequently deployed in s.68 proceedings against the Claimants with a view to setting aside an arbitration award. The report was subsequently revealed to be a forgery. The judgment contains a very interesting analysis of the circumstances in which a law firm might become amenable to a Norwich Pharmacal order and the extent to which privilege might bar such relief.

Thomas Grant KC led James Sheehan KC of Essex Court Chambers, who were instructed by Mark Hastings, Abigail Healey and Emma Kingstone of Quillon Law.

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