header-logo header-logo

11 February 2010 / Hugh Tomlinson KC , Anna Caddick
Issue: 7404 / Categories: Features , Commercial
printer mail-detail

An effective global remedy

Post Lockton, Anna Caddick & Hugh Tomlinson QC salute the flexibility of Norwich Pharmacal orders

Norwich Pharmacal orders are increasingly sought against internet service providers to discover the identity of individuals who use the internet anonymously as a tool to harass or defame. Although service providers do not usually contest the applications, they require court orders before disclosing the private contact details of their customers.

Where the service provider is based in England, or has business premises here, applications are usually straightforward. If the service provider has an anonymous customer who is, for example, sending abusive or threatening e-mails or making defamatory postings, then the court will order the disclosure of their name and contact details. However, the service providers that have access to the necessary information are often based in the US with no relevant English place of business. This applies, for example, to Twitter, Facebook, MySpace, Wikipedia and Google. These companies will usually not oppose orders being made but do not submit to the jurisdiction of the English courts.

A Facebook first

In the past, Norwich Pharmacal orders

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll