Because of the firm’s experience as a commercial litigation firm for business organisations, we have a knack for advising corporate clients to pre-empt problems and disputes.
Norwich Pharmacal Orders
The Norwich Pharmacal Order is an order obtained against a third party seeking such party's assistance to provide the identity of a wrongdoer and full information to assist a plaintiff in a case against the wrongdoer. The third party is normally seen as an innocent party having a moral obligation to assist the plaintiff. This type of injunction arose out from the Norwich Pharmacal Co. & Others v Customs & Excise Commissioners [1974] A.C 133.
In this case, Norwich Pharmacal were owners and licensee of a patented chemical compound. The patent was being infringed by wrongful importation of the chemical manufactured abroad. The identities of the importers and their addresses were known to the Commissioners of Customs and Excise in England. They had this information pursuant to import declarations. Her Majesty’s Customs and Excise refused to provide the information. The House of Lords on appeal ordered the information to be provided.
Their reasoning is where an innocent person somehow got involved in the tortious act of wrongdoers, the innocent person has a duty to assist the injured party by giving him full information and disclosing the identities of the wrongdoers so that the injured party may take action against the wrongdoers.
It is difficult to define or list out the circumstances in which a Norwich Pharmacal Order is appropriate. As long as the circumstances fit the basis for granting a Norwich Pharmacal Order, the Court can grant such an order. It is sometimes used in intellectual property cases together with the Mareva Injuction and Anton Piller Order. The Norwich Pharmacal Order in such a situation will order an infringer to provide the identities and details of other infringers.
There has been a case in Malaysia where a Norwich Pharmacal Order has been used against auditors to provide full information and identities of directors involved in a certain illegal transaction.
For further information on whether a Norwich Pharmacal Order is applicable, kindly contact Mr Gideon Tan (gideon@gtrz.com.my), Mr Alfred Lai (alfredlai@gtrz.com.my) and/or Ms Irene Wong (irene@gtrz.com.my).