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Costs – Order for costs. The claimant bank alleged that a Ukrainian businessman, T, had assisted its former chairman, Mr Ablyazov in putting assets defrauded from the bank, out of its reach. The bank applied to vary an order that the costs of compliance by T with a Norwich Pharmacal disclosure order be paid by the bank, to provide that T should pay those costs himself. The Chancery Division, allowing the application in part, held that it was not only where a claimant established at a trial that a Norwich Pharmacal respondent was implicated in the defendant's wrongdoing that it was appropriate to depart from the normal order in relation to costs. T was entitled to recover 25% of the costs of preparing affidavits. However, he was ordered to pay the bank's costs of a cross-examination exercise.
Costs – Order for costs. The claimant bank alleged that a Ukrainian businessman, T, had assisted its former chairman, Mr Ablyazov in putting assets defrauded from the bank, out of its reach. The bank applied to vary an order that the costs of compliance by T with a Norwich Pharmacal disclosure order be paid by the bank, to provide that T should pay those costs himself. The Chancery Division, allowing the application in part, held that it was not only where a claimant established at a trial that a Norwich Pharmacal respondent was implicated in the defendant's wrongdoing that it was appropriate to depart from the normal order in relation to costs. T was entitled to recover 25% of the costs of preparing affidavits. However, he was ordered to pay the bank's costs of a cross-examination exercise.
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