Norwich Pharmacal Orders - Sarayiah v Williams

Case Alert - [2018] EWHC 342 (QB)

Judge refuses to enforce Norwich Pharmacal order following errors in order

The applicant obtained a Norwich Pharmacal order (NPO) against the respondents. He alleged that the NPO was breached by the respondents and he sought to enforce the NPO by committal proceedings. The sealed NPO had required the respondents to produce "The exact wording of any complaints made against the Claimant by any other person [and their identity]". The judge held that the presence of the square brackets was in itself enough to dispose of the committal application: "To my mind, the presence of the square brackets inevitably leads to ambiguity, as would be the case in any judgment or order. Are the identities to be revealed or not? Since the order is ambiguous as it stands, it is impossible for the Applicant to discharge the burden of proving a breach to the criminal standard".