Norwich Pharmacal Order
A Norwich Pharmacal Order («NPO») requires the person against whom it is served to disclose information or documents to the applicant. It differs from the above search and seize orders as it does not target the wrongdoers. The respondent to the application would not be the wrongdoer but a person who is mixed up in so far as to have facilitated the wrongdoing and who is able or likely to provide documents or information necessary to sue the ultimate wrongdoer. This means that a NPO order presupposes the existence of a wrongdoer and identification of a wrongdoing (which can be civil or criminal). In England, that order can be obtained at pre-action or at any time after the proceedings started. It is not always easy to obtain such an order and there is a stringent test to be met and, as all other measures that can be taken by the courts, there are safeguards in place to make sure that the courts reach a fair solution for the parties.
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61 Indicii Salus Limited v Chandrasekran [2007] EWHC 406 (Ch)
62 Dunlop Holdings Limited v Staravia Limited [1982] Comm LR 3
63 Under different powers than the Court civil powers, see Article 18 of the European Regulation 1/2003
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