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 or act for third parties served with them.
Useful information about Norwich Pharmacal orders
- When applying for a Norwich Pharmacal order, the applicant must consider whether the application is urgent or not. If it is not urgent, then the first port of call is to write to the potential respondent seeking voluntary disclosure of the information/documentation. Seeking the cooperation of a respondent might get you the information you need without actually going to court. But even in circumstances where it cannot provide the information (for example due to privacy concerns) it is still be a useful approach as the correspondence can be put before the court for in order to support the application for a Norwich Pharmacal order;
- Often, for privilege, data protection or other reasons, the respondent will invite the applicant to apply for a Norwich Pharmacal order so that the respondent can be relieved of its obligations to withhold such information;
- The court will decide whether to make a Norwich Pharmacal order on the circumstances of each particular case. It will take in to account
- the size and resources of the applicant;
- the urgency of its need to obtain the information; and
- any public interest in having the applicant’s needs satisfied.
- The Norwich Pharmacal order (once granted by the court) must be served on the respondent;
- In some cases, the Norwich Pharmacal order will contain a “gagging clause” which prevents the respondent (for a specified period of time) from informing any third party about the Norwich Pharmacal application or the information/documentation being provided to the applicant;
- The Norwich Pharmacal order may also have a penal notice describing the criminal consequences of failing to adhere to the Norwich Pharmacal order;
- Personal service is the ideal type of service as a “gagging clause” and “penal notice” can clearly be explained and it may assist with any consequential committal application against the respondent (if the order is breached in any way).
Francis Wilks & Jones have the leading team of lawyers dealing with Norwich Pharmacal orders. Please contact one of our Norwich Pharmacal order specialists and we can assist you throughout the process.