Non-Party Disclosure and Norwich Pharmacal Orders

Question 1

What order is used to obtain information from a non-party after proceedings have started?

Answer 1

Application for disclosure from someone not a party to proceedings (application for non-party disclosure)

Question 2

What order is used to obtain information from a non-party before proceedings have started about the identity of potential D?

Answer 2

Norwich Pharmacal Orders

Question 3

What is non-party disclosure?

Answer 3

Allows court to order someone not involved in case to provide relevant documents

Question 4

What must the court be satisfied of for non-party disclosure?

Answer 4

1) Document helps applicant’s case or harms opponent’s case
2) Necessary for a fair trial to reduce costs

Question 5

What if the court is not satisfied with the 2 conditions for non-party disclosure?

Answer 5

They may still grant non-party disclosure based on fairness and efficiency

Question 6

What is the procedure for non-party disclosure?

Answer 6

• Application notice
• Draft order (as specific as possible)
• Supporting evidence
• Require respondent to specify documents no longer in control

Question 7

Who is application notice for non-party disclosure served on?

Answer 7

The respondent

Question 8

What is the presumption on costs for non-party disclosure?

Answer 8

Applicant pays costs for respondent

Question 9

What is a Norwich Pharmacal order?

Answer 9

Where C does not know identity of D, but a third party does, it orders the respondent who is not the defendant to disclose information allowing C to sue the right D

Question 10

What is the Norwich Pharmacal case?

Answer 10

Owner of patent for chemical learns unknown people importing goods in a way that infringe patent. HMRC knows identity of wrongdoers. Court orders HMRC to disclose the information.

Question 11

How many conditions need to be satisfied for the grant of a Norwich Pharmacal order?

Answer 11

Three

Question 12

What are the conditions that need to be satisfied for the grant of a Norwich Pharmacal order?

Answer 12

a) A wrong must have been carried out by a wrongdoer
b) Must be the need for an order to enable action
c) Person against whom order is sought must
a. Be more than mere witness / bystander
b. Be able to provide information necessary to enable wrongdoer to be sued

Question 13

What is the presumption on costs for Norwich Pharmacal order?

Answer 13

Applicant pays costs for respondent