The recent decision of the Commercial Court in Burford Capital Ltd v London Stock Exchange Group plc [2020] EWHC 1183 (Comm) is likely to make courts increasingly cautious when considering whether to grant Norwich Pharmacal orders (NPOs) for use in potential private prosecutions. It is likely that some of the obiter comments by Baker J, if applied by the courts in future cases, will severely restrict the circumstances in which an application is likely to be successful. This would be an undesirable outcome, especially so in circumstances where the limited resources of state authorities to investigate and prosecute white collar crime often leaves victims without adequate redress. Read more