The key to success in a lawsuit is the availability of sufficient information & evidence. English law is structured in such a way that it is rather difficult for the plaintiff to receive information from the defendant during the trial.
Recent years have seen a number of legislative acts passed focusing on the disclosure of documents during a lawsuit in England & ensuring a more successful outcome for both parties. Unlike most civil law systems, disclosure of information during a trial in Great Britain is fairly easy, and due to the new laws the process has become even more flexible & economical.
Key Weaknesses
The main disadvantage of the mutual disclosure of information in England is that the plaintiff not only receives useful information for themselves but is also obliged to provide their own documentation. It is also worth pointing out that the disclosure process itself can be rather costly.
Although a trial in Great Britain begins with a written testimony, disclosure itself takes from several months to a year or more.
If you want to submit documents to law enforcement agencies abroad, such permission can only be obtained after applying for court consent.
Asset Disclosure in England
Following a court decision to freeze assets, an order for disclosure of information is issued. This is not the disclosure that occurs during the trial, because after the court ruling, the defendant must disclose information about all their assets within 3-5 days. This information will relate to all financial resources that directly or indirectly pertain to the defendant, or which they have the right to dispose of.
Norwich Pharmacal Ordinance (PNF)
Another type of disclosure of information or documents is called the Norwich Pharmacal Ordinance (or PNF). It is usually applied to 3rd parties, such as banking institutions and Internet providers that are not parties to a violation of the law, but have either access to or possess information about the defendant or the circumstances of such violation.
Such a disclosure order provides the plaintiff with the opportunity to obtain information or documents held by a 3rd party. A non-disclosure order is a document that accompanies this type of disclosure order. This means that for some time a 3rd party is forbidden to disclose information to defendants .
Inexplicable Values Ordinance (PNC)
PNC stands for disclosure orders issued against politically significant persons (residing outside the EU economic zone) or persons suspected of involvement in a serious crime. The type of order requires evidence of the source of origin of the funds used to purchase certain assets. An order is issued in respect of any property anywhere in the world valued at more than £ 500,000. If the information provided is considered insufficient to prove the origin of the finances, the property is declared “refundable”.
Need legal advice on disclosure requirements or requested documents? IQ Decision UK is at your service. Our recommendation is not to bring the case to trial and use the services of a mediator to peacefully resolve conflict situations.
