Norwich Pharmacal Orders (NPO) are disclosure Orders made by the High Court; these Orders compel respondents to disclose information to an applicant and are commonly used as a method to identify a defendant in an action who has acted anonymously.
NPO’s are often made against intermediaries who are in possession of information regarding the wrongdoer whose identity is sought but such intermediaries are not directly involved.
The courts have expressed that NPO’s should be used ‘sparingly’ with principles being set down in Blythe v Commissioner of An Garda Siochána. These are:-
- That an applicant must exemplify that an action against the unknown wrongdoer is likely to succeed.
- The information sought must be in possession of the respondent.
- Where the respondent is not the wrongdoer, they are entitled to their costs being covered by the applicant.
- The balance between an applicant’s rights to an effective remedy and the wrongdoers’ rights to privacy must be considered by the courts.
At present these Orders are only available through the High Court leaving applicants exposed to costly legal fees. The Irish Courts are restrictive in this area in comparison to other jurisdictions. However, the Defamation (Amendment) Bill 2024 has proposed amendments to the jurisdiction of NPO’s allowing the applicants to go through the Circuit Courts.
These amendments will be welcome as these actions are becoming more prevalent with increasing numbers of anonymous accounts across various online platforms. The so-called ghost account could be brought from the shadows into the spotlight in a far more efficient and cost-effective way.
For more information please contact James Tansey or Bernard King, with special thanks to Emma-Jane Fisher for her contribution.
The content of this article is provided for information purposes only and does not constitute legal or other advice
