Norwich Pharmacal orders are a type of court order to compel a third party not directly involved in the freezing order proceedings to disclosure documentation or information. Our team can help obtain these orders and often advise parties served with the how to recover their costs in full.
How are the costs of complying with the order dealt with?
The applicant who has obtained the order should pay the costs of the respondent (the party who has to deal with the order made). This is because the respondent is being forced to comply with the terms of an order through no fault of its own.
The costs the applicant has to pay are
- in relation to the application; and
- costs associated with providing the information/documentation sought by the Norwich Pharmacal order.
The principal is that an applicant should recover its costs from a wrongdoer and not the respondent (an innocent party) which itself would be unable to recover any costs associated with the Norwich Pharmacal order from the wrongdoer.
In normal circumstances the respondent can insist that the issue of costs be dealt with in the Norwich Pharmacal order.
However, to ensure that a respondent is not left out of pocket dealing with a Norwich Pharmacal application, we recommend they seek expert legal advice to ensure that any costs associated with a Norwich Pharmacal order are recovered in full.
Any party threatened with a Norwich Pharmacal order must of course consider the duties owed to their own customers/clients. However, often the costs incurred in obtaining such advice is recoverable against the applicant seeking the Norwich Pharmacal order.
At Francis Wilks & Jones, we have a team fully versed in dealing with Norwich Pharmacal orders. We often deal with the issue of costs and recovery of those costs for third parties. Contact us now for our expert assistance.