A Norwich Pharmacal Order (NPO) is a legal remedy that allows an individual or entity to seek information or evidence from a third party, typically an internet service provider (ISP) or online platform, to identify wrongdoers or gather evidence in cases involving online misconduct or unlawful online activities.
The name “Norwich Pharmacal Order” comes from a landmark UK case, Norwich Pharmacal Co. v. Customs and Excise Commissioners, which established the legal principle. It is now most commonly used in internet-related legal disputes where the identity of a wrongdoer is unknown or concealed.
Below, we have outlined five important steps in the application process for an NPO to consider and be aware of.
1. Consult with an Experienced Solicitor
Begin by consulting with a solicitor or legal counsel experienced in civil litigation and Norwich Pharmacal Orders. They will assess whether your case meets the criteria for seeking such an order.
2. Identify the Wrongdoer or Issue
Determine the specific wrongdoing or legal issue for which you need to identify the wrongdoer or gather evidence. Ensure that you have a clear understanding of the information you are seeking to include in a statement or affidavit that will outline the details of your case.
3. Identify the Third Party
Identifying the third party from whom you are seeking information is crucial. The third party in NPO cases are typically an entity such as an internet service provider (ISP) or online platform that may have relevant information or records related to the wrongdoing.
4. Select the Appropriate Court
Determine the appropriate court where you should file the application for the NPO. The choice of court may depend on factors such as the nature of the case and the location of the third party. Consult with your legal counsel to make this determination.
5. File and Serve the Application
File the application with the chosen court, and be prepared to pay the necessary court filing fees.
Once you have filed the application, serve copies of the application and supporting documents to both the third party (e.g., ISP or online platform) and any other relevant parties involved in the case. This ensures that all parties are aware of the application.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
