Thursday, 21 August 2014

Norwich Pharmacal Orders - An order compelling a person caught up in the wrongdoing of another, even innocently, to identify the wrongdoer.

The House of Lords in NORWICH PHARMACAL COMPANY AND OTHERS Vs COMMISSIONERS OF CUSTOMS AND EXCISE [1974] AC 133 held that a claimant, who cannot find out the identity of the wrongdoer but can identify a person caught in the wrongdoing, can sue such person to find out the wrongdoer.


Recently, the High Court of Justice, Chancery Division in Santander UK Plc Vs National Westminster Bank Plc & Others applied the Norwich Pharmacal order to find out the beneficiaries, wherein under, Santander wrongly made payment electronically to the bank accounts of not the intended beneficiaries. After refunding the amount to the intended beneficiaries, Santander requested the banks, who are maintaining the accounts of persons wrongly credited to obtain their authority for the amount to be refunded. In shorts, Santander seeks to recover the monies sent by mistake to unintended beneficiaries. 

A click on the decision will take you to the judgement page

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