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ARTICLE · 13 AUGUST 2026

New Developments In Norwich Pharmacal Jurisdiction

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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The Irish High Court has expanded the scope of Norwich Pharmacal Orders beyond traditional litigation contexts, ruling that RTÉ must disclose unedited undercover footage from nursing homes to support a regulatory investigation. This landmark decision addresses critical questions about when courts can compel third parties to provide information, the boundaries of journalistic material disclosure, and how privacy rights balance against urgent public interest in regulatory enforcement.

IrelandLitigation, Mediation & Arbitration

A Norwich Pharmacal Order (NPO) is typically sought to require a person who has become involved, whether innocently or knowingly, in a third party’s wrongdoing to disclose information necessary to identify or pursue the alleged wrongdoer.

NPOs have traditionally been sought to facilitate the institution or pursuit of legal proceedings. However, the recent High Court (Court) decision in The Chief Inspector of Social Services v Raidió Teilifís Éireann [2026] IEHC 445 demonstrates that the jurisdiction may extend beyond that context and be available in support of regulatory investigations.

Background

In June 2025, Raidió Teilifís Éireann (RTÉ) broadcast a television programme, RTÉ Investigates: Inside Ireland’s Nursing Homes, which included edited undercover footage exposing alleged poor care practices in two Irish nursing homes. This footage appeared to suggest “systemic failures of care”, raising concerns about the safety and welfare of residents.

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