Norwich Pharmacal Orders (England and Wales): Purpose, Four-limb Test, Evidence Preparation, Costs, Risks and Practical Utility in Identifying Wrongdoers and Tracing Assets
Published by a
LexisNexis Dispute Resolution expert
Practice notes
This Practice Note outlines the purpose and advantages of seeking a Norwich Pharmacal order, obtained so that an applicant can pursue a claim against an alleged wrongdoer whose identity was not known to it before making the application for the order. In view of the costs likely to arise from applying, including the work involved in assembling evidence, the guidance addresses the questions a prospective applicant ought to be satisfied about before deciding whether to apply.
What is a Norwich Pharmacal order?
Described by one judge as an exceptional jurisdiction with a narrow ambit, a ‘Norwich Pharmacal order’ takes its name from Norwich Pharmacal Co v Customs and Excise Commissioners. In that case, the House of Lords, allowing an appeal from a Court of Appeal bench that included Lord Denning, upheld a judge’s order compelling the respondent to the application, the Commissioners, to disclose information in their possession so that the company applicant could discover who had infringed its patent and thus know the identity of the infringer. Rejecting arguments that this would involve a ‘mere witness’ against whom there was no substantive claim in a dispute between others, the House of Lords nevertheless granted the order. It did ...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
