It's hard to start a lawsuit when you don't know
who you're suing. What can potential claimants do when they
have been wronged but lack the essential information necessary to
start a lawsuit?
The answer to this question came in 1974 when the ancient
equitable bill of discovery was resurrected in the form of what is
now known as the Norwich Order.
Where granted, Norwich Orders compel innocent third
parties to disclose information and/or documents a claimant
requires before commencing a lawsuit that could not otherwise be
obtained. They can assist claimants to advance meritorious claims
by preserving assets, identifying potential defendants and
uncovering actionable wrongs.
Norwich Orders are a controversial and exceptional
equitable remedy. They can burden innocent third parties by forcing
them to disclose information or documents and force disclosure of
confidential information. These are effects courts will avoid
unless a claimant can show why the disclosure is