17 Norwich Pharmacal Order

Question 1

Under what part of the CPR is an applicaton for Norwich Pharamacal Order made?

Answer 1

• Part 8 if a claim form is yet to be issued
• Part 23 if a claim form has been issued

Question 2

Can an application for an NPO be made without notice?

Answer 2

Only where secrecy is required, i.e. in times of fraud

Question 3

Prior to an NPO what steps should A take?

Answer 3

A should first ask facilitator of wrong doing to either disclose identity of potential defendant or disclose a document that would allow his identity to be known

Question 4

What is an NPO?

Answer 4

An order granted by the court that compels a facilitator of a wrong doing, to reveal the identity of a potential defendant or provide documentation as to such

Question 5

What does an NPO application consist of?

Answer 5

1. Application notice
2. Evidence
3. Draft order sought

Question 6

What are the contents of an application notice?

Answer 6

• order sought and why
• claim details (including A’s address, postcode and if A desires to have telephone hearing)
• must be verified by a statement of truth if A wishes to rely on its contents
• must be signed by A

Question 7

What evidence is required with filing an NPO application?

Answer 7

• must include ALL MATERIAL FACTS
• verified by a statement of truth
• can be contained in a statement of case
• is often in a WS which has been verified by a statement of truth

Question 8

What must a draft order contain?

Answer 8

• names of A & R
• what R must do / not do
• undertaking to pay R’s loss sustained due to application, UNLESS court orders otherwise
• undertaking to file claim form, next working day, if this application is being made under Part 8