Drafting note for application notice for a Norwich Pharmacal order
Drafting note for application notice for a Norwich Pharmacal order

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Drafting note for application notice for a Norwich Pharmacal order
  • Introduction
  • General points
  • Question 3 of the application notice—Order
  • Question 4 of the application notice—Draft order
  • Question 5 of the application notice—Dealing with application
  • Question 6 of the application notice—Length of hearing
  • Question 7 of the application—Trial date
  • Question 8 of the application notice—Level of judge
  • Question 9 of the application notice—Service
  • more

Introduction

The application should be made using:

—Form N244 generally

—Form N244(CC) if the application is being made in the Commercial Court

—Form N244(CCFL) if the application is being made in the Financial List in the Commercial Court

—Form N244(CHFL) if the application is being made in the Financial List in the Chancery Division

General points

The form should be filled in with the details of the court proceedings.

Question 3 of the application notice—Order

Set out the order you require. Proposed wording for this application is:

  1. The Applicant seeks an order pursuant to the Norwich Pharmacal jurisdiction requesting the respondent to disclose and provide for inspection the information requested in the draft Order (attached).

  2. [Insert what it is that the respondent has done to facilitate the wrong doing eg The Defendant, via its operation of a discussion forum on the website YY (the website) has facilitated the wrongdoing of others in that forum on dates between day/month/year to day/month/year. The wrongdoing comprised of statements about the Claimant published on the website by the forum users whose identities are currently unknown to the Claimant. The statements contain seriously defamatory allegations about the Claimant.]

  3. [Insert the nature of the redress the Applicant is entitled to eg the Applicant is entitled to seek redress in relation to the statements which contain seriously defamatory allegations