Those contemplating bringing a private prosecution have two options when seeking to compel information from third parties: seeking the assistance of investigative authorities like the police, or attempting to use tools available in the civil courts, in particular Norwich Pharmacal orders (NPOs), to obtain evidence themselves. However, the Commercial Court’s recent decision in Burford Capital Ltd v London Stock Exchange Group Plc suggests that it may become increasingly difficult for prospective private prosecutors to obtain NPOs where the authorities have not been approached, or have been approached and have taken a negative view of the case, despite the fact that the courts continue to uphold the principle that approaching the authorities is not necessary before the institution of private prosecutions. Read more