Norwich Pharmacal Order

A court has jurisdiction to order persons who have information that may lead to the identification of the defendant to disclose that the information. Accordingly, unidentified defendants’ identities may be made the subject of disclosure by a court in England.

Other means of obtaining evidence is usually available to identify a defendant and those means ought to exhausted before resorting to the Norwich Pharmacal jurisdiction. A court will not exercise the jurisdiction unless the result would be that the claimant is left in a position where proceedings cannot be commenced against a named defendant. The person seeking the court order must have a genuine intention of commencing proceedings.

Simply because a person is ordered to disclose information, does not mean that they will be ordered to give standard disclosure of all documents and materials pertaining to the particular wrongdoing; that jurisdiction is available under Part 31 of the Civil Procedure Rules.

The Case: Norwich Pharmacal Co

In Norwich Pharmacal Co. v Customs and Excise Commissioners [1974] AC 133, the owner of a patent knew that infringing goods were entering the UK, but could not ascertain their identity. The Commissioners, in the course of performing their duties, had information that would identify the imports. Also, they had unknowingly played a part in facilitating importation of infringing goods. The House of Lords found that where a third party had become involved in unlawful conduct, they were under a duty to assist the person suffering damage by giving them full information and disclosing the identity of wrongdoers. If the third party bears expense in assisting compliance with an order, the person seeking assistance is bound to reimburse those expenses. That expense however would be reflected in an award of damages against the ultimate tortfeasors, and this be recovered after the final hearing.

Usage: The Internet Service Provided was presented with a list of IP addresses against whom they were required to deliver up the names and addresses of the individuals using those IP address at the designated times pursuant to the Norwich Pharmacal Order.

Related Words: interim injunctions; pre-action disclosure; Application notice; quia timet injunctions; joint tortfeasors; freezing orders; search orders; cause of action; preliminary injunctions; locus standi; litigation.