Don’t make a Goose out of a Black Swan: Norwich Pharmacal relief after Broad Idea No. 2

Julie Engwirda (+8525806 7919, julie.engwirda@harneys.com)is a Partner; and Phillip Kite (+44 203 752 3601, phillip.kite@harneys.com)is Co-head of Litigation, Insolvency and Restructuring at Harneys.

The decision from the Privy Council in BroadIdea [1] (known as Broad Idea No 2) has generated incredible interest since itwas handed down on 4 October 2021. This is hardly surprising, say JulieEngwirda and Phillip Kite of Harneys. The Privy Council was invitedto rewrite the law on standalone injunctive relief and following a carefulexamination of the evolution of such relief, and the various wrong turns takenby Courts over the past 40 years, the jurisdiction is now firmly set back onthe right course.