header-logo header-logo

An effective global remedy

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

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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll