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In most disputes, it is obvious who the defendant and claimant are. However, this is not always the case. In some cases, a claimant cannot identify the actual defendant until they inspect documents that a third party holds. In this instance, a Norwich Pharmacal order can compel a person who is not a party to a dispute to disclose certain information. This article explains what a Norwich Pharmacal Order is.
What is a Norwich Pharmacal Order
A Norwich Pharmacal order is the phrase commonly used to describe a court order compelling the disclosure and inspection of a non-party to a dispute before proceedings commence. The purpose of a Norwich Pharmacal order is to permit a claimant’s access to information that a third party holds to reveal the identity of the rightful defendant.
As you can see from the above example, the claimant knows that someone has done a civil wrong somewhere out there. However, the issue is that the claimant does not have adequate information to determine who the wrongdoer is. A Norwich Pharmacal order allows claimants to ascertain who the defendant is to pursue a claim.
How Can I Obtain a Norwich Pharmacal Order?
The claimant (or the applicant) must apply to the court using the appropriate application procedure. The respondent is the third party that, if the application is successful, must deliver the documents to the claimant.
The court will assess the application to see if it fulfils the following criteria:
| Criteria | Explanation |
| Was a wrong committed? | The application must convince the court that an ultimate wrongdoer committed some kind of wrong, such as a breach of confidentiality, defamation, or intellectual property misuse. |
| The applicant needs the order to determine who the ultimate wrongdoer is. | In other words, a court will not provide an application to compel a third party to release information if the applicant knows who to claim against. |
| The respondent must be caught up in the wrongdoing. | The respondent does not need to have done anything wrong for the court to make a Norwich Pharmacal order. In the example above, it is likely that the social media platform did not know that the wrongdoer has done something wrong. That said, in some cases, a respondent may face subsequent liability if it emerges that they engaged in some sort of civil wrong. This may be in the form of a claim against the third party by the claimant. Alternatively, the defendant may pursue a contribution from the respondent. |
| The respondent can provide the information necessary to enable the claimant to pursue the ultimate wrongdoer. | In the example above, this might be IP and other electronic identification information that the social media platform retains. It might also include terms of service specific to the social media platform and the ultimate wrongdoer. |
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Practical Considerations
Because the respondent is not a party to the dispute, the applicant will almost always bear the cost of the application, regardless of if the application is successful. Therefore, if you are considering pursuing an application for a Norwich Pharmacal order, you should consider the:
- likelihood that your application will satisfy the criteria above;
- extent to which a potential defendant is likely to have enough resources to be worth claiming against; and
- legal costs of pursuing a claim.
Moreover, the applicant must pay for the:
- legal costs and associated court fees arising from the application; and
- respondent’s costs in complying with the order.
Key Takeaways
A Norwich Pharmacal order is a special order that a claimant seeks when they believe a third party holds information allowing them to identify a wrongdoer. That is to say, without the order, the claimant could not identify the wrongdoer. The applicant almost always bears the costs of the order. This can be quite costly.
If you have any questions about the disclosure process, LegalVision’s experienced dispute lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Disclosure is part of the litigation process, where you review relevant documents in your control and make them available to the other party.
Civil Procedure Rules are a code of procedural rules that govern how court procedure works in England and Wales.
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