Stephen O'Connor
Partner | Legal
Ireland
Partner
Ireland
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing services
Local Legal Services
Private Wealth
Property law
Regulatory
Restructuring and Insolvency
Tax
Banking and Finance overview
Asset Finance
CAYLUX Fund Finance
Debt Capital Markets
Derivatives
Fund Finance
Islamic Finance
Leveraged Finance
Listing services
Real Estate Finance
Regulatory
Restructuring and Insolvency
Structured Finance
Sustainable Finance
Corporate overview
Economic Substance
EIIS Services in Ireland
Equity Capital Markets
Insurance and Reinsurance
Listing services
Mergers and Acquisitions
Private Equity
Real Estate Structuring, Acquisitions and Disposals
Regulatory
Technology and Web3
Dispute Resolution overview
Banking Disputes
Corporate and Financial Services Disputes
Crypto Disputes
Enforcement of Judgments and Awards
Fraud and Asset Tracing
Funds Disputes
Insurance Disputes
International Arbitration
Regulatory
Restructuring and Insolvency
Section 238 Shareholder Appraisal Rights
Shareholder and Valuation Disputes
Trusts Disputes and Applications
Investment Funds overview
Hedge Funds
Managers and Sponsors
Private Equity
Real Estate, Infrastructure and Energy Funds
Regulatory
Sustainable Investing and Impact Funds
Technology and Web3
Local Legal Services overview
Cayman Local Legal Services
Channel Islands Local Legal Services
Ireland Local Legal Services
Employment law
Estate Planning, Wills and Probate
Expat services
Family Office
Intellectual Property
Make your Guernsey will online
Make your Jersey lasting power of attorney online
Make your Jersey will online
Notary public services
Relocating your business
Relocating your family
Property law
Accounting and Financial Reporting Services - Ogier Global
Cayman Islands AML/CFT training - Ogier Global
Corporate Services - Ogier Global
Debt Capital Markets - Ogier Global
Fund Services - Ogier Global
Governance Services - Ogier Global
Investor Services - Ogier Global
Ogier Connect - Ogier Global
Private Wealth Services - Ogier Global
Real Estate Services - Ogier Global
Regulatory and Compliance Services - Ogier Global
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
Insight
31 March 2023
Ireland
Team: Laura Higgins Mulcahy
ON THIS PAGE
A Norwich Pharmacal Order is a type of remedial order delivered by the Court which compels a respondent to disclose information of both wrongdoings and wrongdoers "who seek to hide behind the mask of anonymity". [1] They are normally used to help identify a defendant so that legal action may be brought against them. Lord Reid, in Norwich Pharmacal, [2] stated that a person who has become mixed up in the wrongdoing of another has a "duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers".
In Ireland, in order to successfully obtain a Norwich Pharmacal Order, an applicant must show that the litigant has a very clear and unambiguous case of wrong. [3] In the Salesian Secondary College [4] case, the following general principles for allowing a Norwich Pharmacal Order were:
It is also noteworthy that the Plaintiff will, usually, be liable for the legal costs of the Respondent. As this procedure is only currently possible before the High Court, it can be an expensive process.
It was reported on 28 March 2023 that legislation to introduce reforms to defamation law in Ireland are to be introduced by the end of the year. The proposed bill, General Scheme of the Defamation (Amendment) Bill, has just been approved for publication. One reform of the Bill is to create a new statutory power for the Circuit Court, as well as the High Court, to make a Norwich Pharmacal Order, making the process less expensive and more accessible.
It is yet to be seen whether this will relate specifically to defamation matters or create a wider jurisdiction. Indeed, even if ultimately specific to defamation, it is likely that this sets the basis of a general approach to facilitate such applications being brought in the Circuit Court.
One consideration regarding the obtaining of Norwich Pharmacal Orders in Ireland arises where there is no relationship with the Plaintiff seeking the Norwich Pharmacal Order and Ireland itself. An example is where the Plaintiff is seeking the Norwich Pharmacal Order in respect of proceedings issued outside Ireland. Although there is no Irish case law on this matter, nothing on the face of the test as laid down in Salesian Secondary College prohibits the application for a Norwich Pharmacal Order for use in foreign proceedings.
Furthermore, it has been considered in both the Cayman Islands and the British Virgin Islands, and both jurisdictions have provided certainty to claimants that the relief is available in support of foreign proceedings.
The general principles for applying for a Norwich Pharmacal Order in Ireland are set out in the Salesian Secondary College case and the Applicant must demonstrate a clear and unambiguous case of wrong. It is likely that legislation will soon provide for Norwich Pharmacal Orders to be sought in the Circuit Court, making them a more accessible tool in litigation. There is currently no legal certainty in Ireland regarding the Court's willingness to grant cross-jurisdictional Norwich Pharmacal Orders, but they have been granted in some other jurisdictions. Furthermore, there appears to be nothing in the Salesian test that would prevent the Irish courts from granting a Norwich Pharmacal Order in respect of foreign proceedings.
[1] Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133
[2] Ibid no.1
[3] Megaleasing V. Barrett [1992] Wjsc-Sc 2494
[4] Board of Management of Salesian Secondary College (Limerick) v Facebook Board of Management of Salesian Secondary School v Facebook Ireland [2021] IEHC 287
Stephen O'Connor
Partner | Legal
Ireland
Partner
Ireland
Contact Stephen
Back
Laura Higgins Mulcahy
Trainee Solicitor | Legal
Ireland
Trainee Solicitor
Ireland
Contact Laura
Back
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm