When is a case sufficiently arguable for Norwich Pharmacal relief? (Hickox v Dickinson)
Dispute Resolution analysis: Hickox concerned a claim for Norwich Pharmacal relief in connection with the misappropriation of an 1896 artwork of Paul Signac. The case provides a useful example of the boundaries of the jurisdiction and what must be demonstrated in order to make out the good arguable case needed to obtain an order. Whilst applicants can put forward broadly constructed cases with no requirement to commit to a particular cause of action, the need to demonstrate a good arguable case of wrongdoing generally does not prevent the court having regard to the underlying elements of the causes of action which are put forward. Finally, Hickox demonstrates the benefits of suggesting viable causes of action which do not require proof of knowledge or notice.
This analysis was first published on Lexis®PSL on 25/09/2020
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