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ARTICLE · 12 AUGUST 2021

The Growth Of Norwich Pharmacal Orders: Part I - An Evolving Litigation Tool

William Fry LLP
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A Norwich Pharmacal order (NPO) is generally used to discover the identity of a wrongdoer from a third party.

IrelandLitigation, Mediation & Arbitration
Paul Convery
Paul Convery
Adele Hall
Adele Hall
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A Norwich Pharmacal order (NPO) is generally used to discover the identity of a wrongdoer from a third party. It is an exception to the rule that discovery can only be sought when proceedings are closed. Proceedings are instituted against the third party for the sole purpose of obtaining an order identifying the unknown wrongdoer. An NPO typically directs the third party to disclose information to the applicant about the wrongdoer's identity.

In Ireland, a party seeking an NPO must establish a very clear and unambiguous case of wrongdoing (see Megaleasing UK Ltd v Barrett (No. 2) [1993] 1 I.L.R.M. 49) and proof of wrongdoing in respect of each element of the tort complained of (O'Brien v Red Flag Consulting Limited [2015] IEHC 867).

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