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INJUNCTIONS: The road to East Anglia

03 June 2016  

Andrew Beck outlines Norwich Pharmacal and explains the two tactical options recently highlighted which can be of both assistance and concern to those within data-sensitive industries

The Civil Procedure Rules (CPR) provide a process by which a disclosure order can be sought, pre-action, against a person who is likely to be party to subsequent court proceedings. A Norwich Pharmacal disclosure order (so called following the leading case of Norwich Pharmacal Co v Customs and Excise Commissioners [1973]), however, can be granted against a person who will not be party to subsequent proceedings, so as to identify another person (for example a wrongdoer or a potential beneficiary) or so as to identify the nature of a wrongdoing, who or which will be the subject of subsequent proceedings. A Norwich Pharmacal order can also require the disclosure of information needed to seek redress, as opposed to merely the disclosure of documents as per CPR disclosure provisions.

Additional Info

  • Case(s) Referenced:

    Ashworth Security Hospital v MGN Ltd [2002] UKHL 29

    Brink’s Mat Ltd v Elcombe [1988] 1 WLR 1350

    Norwich Pharmacal Co v Customs and Excise Commissioners [1973] UKHL 6

    Orb ARL & ors v Fiddler & anor [2016] EWHC 361 (Comm)