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11 February 2010 / Hugh Tomlinson KC , Anna Caddick
Issue: 7404 / Categories: Features , Commercial
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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.

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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