Editor's Note

Without doubt one of the most valuable tools in an Injunction Specialist's tool box is the Norwich Pharmacal or Third Party Disclosure Order, which enables potential claimants to force third parties such as banks to disclose information and documentation to assist the claimant in tracing the whereabouts of stolen assets and/or the identity of those involved in the movement of those assets.

Our beloved prosecuting authorities have taken some time to acknowledge that the tracing, freezing and seizing of the proceeds of crime is often much more effective than a long drawn out prosecution, which may or may not result in a conviction. However, having seen the light they are now leading the way in securing some of the most powerful disclosure orders known to the law, all courtesy of Section.357 of the Proceeds of Crime Act 2002 (see SOCA v Perry below).

Whilst this is reassuring from a public interest perspective, this blows a very chilly wind for us in the civil recovery world. We find more and more frequently that the UK Government are competing with our clients for access and title to the proceeds of crime, particularly now that in many cases the prosecuting authorities are allowed to keep a slice of what they confiscate. The proprietary tracing injunction is therefore going to be even more important than ever if we are going to be able to protect our clients' interests in and rights to assets that have been acquired out of monies stolen from them.

Finally, my thanks as always to those brave soldiers in the form of Nicholas Kirby and Annie Jaskel who fearlessly waded through months of injunction reports to deliver the delicacies we lay before you in this issue.

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