Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: An order for the cross examination of a deponent of an affidavit sworn pursuant to a Norwich Pharmacal order will be made only in exceptional circumstances. This is particularly so when the deponent is a defendant in the action and the action is proceeding to trial, and the subject matter of the affidavit (and thus, of the proposed cross examination) overlaps substantially with the substance of the claim against the defendant. In those circumstances, the effect of such an order would be to compel the defendant (under pain of proceedings for contempt of court) to submit to cross examination on the substantive merits of the claim against him in advance of a trial in which he would be free to choose whether to give evidence. Written by David Fisher, a barrister and associate member of New Square Chambers.