Norwich pharmacal order

Question 1

what is a Norwich pharmacal orders

Answer 1

where court proceedings cannot be commenced because the identity of the defendant is unknown- it orders the respondent who is not the defendant, to disclose information allowing the claimant to sue the right defendant

Question 2

when will the court grant an application for a Norwich Pharmacal order

Answer 2

3 conditions:

1. wrong must have been carried out
2. need for an order to enable action to be Brough against the ultimate wrongdoer
3. the person against whom the order is sought must (i) be more than a mere witness / bystander (they must have some greater involvement, but not necessarily any fault); and (ii) be able to provide the information necessary to enable the ultimate wrongdoer to be sued

A Norwich Pharmacal order must be necessary and proportionate in all the circumstances of the case

Usually, a successful applicant for a Norwich Pharmacal order will pay the costs incurred by the respondent, including the costs of giving the disclosure. The applicant may then be able to recover those costs from the wrongdoer in either the same or subsequent proceedings