Celso De Azevedo examines cyber-attacks, theft of confidential information & Norwich Pharmacal orders
- The Court of Appeal has refused to order the cross-examination of a defendant on their Norwich Pharmacal affidavit in connection with cyber-attacks, hacking of the claimant’s bank account, and theft of confidential information.
- In doing so, the court has confirmed that it is ready to use traditional legal remedies in cases such as those concerning cyber-attacks.
In Stokoe Partnership Solicitors v Grayson and others [2021] EWCA Civ 626, the Court of Appeal considered the test for ordering the cross-examination of an individual, prior to trial, on the content of his sworn affidavit which had been provided pursuant to a Norwich Pharmacal order.
Factual background
The claimant, a UK-based criminal law firm, had been the victim of cyber-attacks after taking on the case for a detainee who had been imprisoned for fraud in the United Arab Emirates. The proceedings concerned allegations against several defendants in connection with cyber-attacks, hacking of the claimant’s bank account, and theft of confidential information.
In two linked sets of proceedings, Norwich Pharmacal
