Norwich Pharmacal orders: Third-party disclosure

Michael Iatsukha

20.05.2026

Key takeaways

Norwich Pharmacal order compels a third party, often an innocent party mixed up in wrongdoing, to disclose information necessary to identify a wrongdoer, trace assets, or enable legal action.
Courts may grant such orders to help applicants identify wrongdoers, trace assets, obtain necessary information, or pursue legal claims where the information cannot reasonably be obtained by other means.
Applicants must show a good arguable case of wrongdoing, a proper connection between the respondent and the wrongdoing, necessity, proportionality, and that the respondent is likely to hold relevant information or documents.
Applications can be made before or during proceedings, often in the High Court, supported by evidence, witness statements, legal submissions, and a draft order.
Typical respondents include banks, ISPs, telecoms providers, website operators, and online platforms; courts balance privacy, confidentiality, data protection, necessity, and proportionality before ordering disclosure.

What is a Norwich Pharmacal order?

A Norwich Pharmacal order is a court-ordered disclosure order available in England and Wales. It allows a person who has suffered wrongdoing to obtain information from a third party who has become involved, even if the third party acted innocently.

The purpose of the order is usually to help the applicant identify a wrongdoer, trace assets, obtain information needed to bring a claim, or understand how unlawful conduct occurred. It is often used before a claim is issued, although it may also be sought during existing proceedings or after judgment.

This remedy is discretionary. The court will only grant it where the request is properly focused, supported by evidence, and necessary in the interests of justice.

When a Norwich Pharmacal order may be used

Norwich Pharmacal relief is commonly used in civil fraud, asset tracing, online wrongdoing, breach of confidence, intellectual property disputes, and cases where the applicant cannot identify the responsible person without assistance from a third party.

Typical examples include applications against:

banks that hold account information linked to suspected fraud;
internet service providers or website operators that may hold identifying data;
mobile phone operators with subscriber or usage information;
online platforms involved in anonymous defamation or unlawful content;
parties who have received confidential information and may know its source;
public bodies or registries that hold ownership or asset-related records.

In fraud cases, a related form of disclosure is sometimes referred to as a Bankers Trust order. This is often used to obtain banking information for asset tracing. Although the legal basis and test are not identical to a Norwich Pharmacal order, both forms of relief may be sought together where the facts justify it.

Main legal requirements

An applicant must satisfy the court that the order is justified. The court will usually consider several core requirements.

First, there must be a good arguable case that wrongdoing has occurred. The applicant does not need to prove the full claim at this stage, but mere suspicion will not be enough.
Second, the applicant must show that the information is needed to pursue legal rights against the wrongdoer. The order should assist with a real and proper legal purpose, such as identifying a defendant, tracing funds, or preparing a claim.
Third, the respondent must have become involved in the wrongdoing in a relevant way. This involvement may be entirely innocent. For example, a bank may have processed payments, or an online platform may have hosted an account used by the wrongdoer. However, the jurisdiction is not intended to be used against a person who is only a witness.
Fourth, the respondent must be likely to hold information or documents that are relevant to the applicant’s case.
Finally, the order must be necessary and proportionate. The court will consider whether the same information could be obtained by less intrusive means and whether the scope of the request is properly limited.

Factors considered by the court

The court has a broad discretion when deciding whether to grant a Norwich Pharmacal order. It may be considered:

the strength of the underlying claim;
whether the information is needed to allow the applicant to pursue legal rights;
whether the respondent was connected to the wrongdoing;
whether the request is narrow and clear;
whether the information can be obtained from another source;
the privacy and data protection rights of affected persons;
the risk of disclosing information about innocent third parties;
the level of confidentiality attached to the information;
the public interest in granting or refusing the order;
The burden and cost of compliance for the respondent.

Privacy, confidentiality and data protection concerns do not automatically prevent an order from being made. However, they are relevant to the court’s assessment and may affect the wording, scope and safeguards included in the order.

How the application is made

A Norwich Pharmacal order may be requested within existing proceedings or before proceedings have started. Where no claim has yet been issued, the appropriate court will depend on the nature of the intended claim and the relief sought. In many cases, the application is made in the High Court.

The applicant will usually need to prepare:

an application notice or claim form, depending on the procedural route;
a witness statement explaining the facts and evidence;
legal submissions setting out why the test is met;
a draft order for the court to consider;
evidence dealing with urgency, confidentiality, and any need for secrecy.

The evidence should explain the alleged wrongdoing, the respondent’s connection to it, the information sought, and why the order is needed.

Applications with or without notice

Many Norwich Pharmacal applications are made on notice to the respondent. This is common where the respondent is an organisation, such as a bank, internet service provider, or platform operator, that has no alleged fault but cannot voluntarily disclose confidential information without a court order.

In some cases, the application may be made without notice. This may be appropriate where there is a real risk that giving notice would defeat the purpose of the application, for example, where the respondent may alert the wrongdoer or where assets may be moved before the order is made.

The court may also consider protective measures, including:

anonymising parties in the court record;
holding the hearing in private;
limiting access to the court file;
making a non-disclosure or “gagging” order for a defined period.

These measures are usually considered where there is a risk that the wrongdoer may destroy evidence, move assets, or avoid legal action.

The court hearing

Once the application has been issued and the court fee paid, the court will usually list a hearing. The timing depends on the urgency and complexity of the matter.

Where the application is straightforward and not urgent, the court may be asked to deal with it on paper. Where there is urgency, the court may list the matter quickly, subject to availability.

At the hearing, the applicant’s legal representative will explain why the legal test is met, why the order is necessary, and why the proposed scope is proportionate. The respondent may attend and make submissions, particularly if they have concerns about confidentiality, cost, data protection, or the width of the request.

Duties of the applicant

An applicant seeking a Norwich Pharmacal order must comply with important duties.

The applicant must give full and frank disclosure. This means the court must be told about relevant points that support the application and points that may count against it. This duty is especially important where the application is made without notice. Failure to comply may result in the order being discharged.

The applicant may also be required to give a cross-undertaking in damages. This is a promise to compensate the respondent or affected third parties if the court later decides that the order should not have been made and loss has been caused.

In many cases, the applicant must also meet the respondent’s reasonable costs of the application and compliance. This is because the respondent is often an innocent third party that has been drawn into the matter. After all, it holds relevant information.

What happens after the order is made

If the court grants the order, it must be served on the respondent in the required manner. The court may allow electronic service where appropriate.

The respondent must then provide the information or documents required by the order within the time limit set by the court. The deadline will depend on the nature of the information, the respondent’s ability to retrieve it, and the urgency of the matter.

The order should clearly define what must be disclosed, how it must be provided, and any limits on onward use or disclosure.

Use of information obtained under the order

Information obtained through a Norwich Pharmacal order is usually subject to strict limits. The applicant may generally use it only for the purpose for which the order was granted.

Using the information for another purpose without permission may breach an undertaking to the court. If the applicant later needs to use the material in related proceedings, such as criminal proceedings or a private prosecution, it may be necessary to apply to the court for permission to do so.

Practical considerations

A Norwich Pharmacal order can be an effective remedy where an applicant needs targeted information from a third party before legal action can properly proceed. However, the application must be prepared with care.

The request should be limited to information that is needed, supported by evidence, and framed in a way that respects confidentiality, privacy and data protection rights. A wide or speculative request is unlikely to be accepted.

Before applying, it is also important to consider whether another legal route may be more suitable, such as pre-action disclosure, non-party disclosure, internal investigation, correspondence with the respondent, or another interim remedy.

Conclusion

Norwich Pharmacal orders remain an important disclosure remedy in England and Wales. They are used where a third party holds information needed to identify a wrongdoer, trace assets, or allow the applicant to pursue a legal claim.

The remedy is flexible but not automatic. The applicant must show a good arguable case of wrongdoing, a real need for the information, a proper connection between the respondent and the wrongdoing, and that the proposed order is necessary and proportionate.