Oldknow v Evans

Oldknow v Evans

Norwich Pharmacal relief and pre-action disclosure were refused because the Labour Party could not identify with certainty the wrongdoers, and the relief sought would risk naming innocent parties, amount to fishing for information, and was not focused or proportionate. The threshold possession condition was not satisfied, and overall justice considerations weighed against granting the orders.

Parties
Applicant/claimant: Emilie Oldknow OBE; Respondent/defendant: David Evans (as representative of Labour Party members except the Applicant/Claimant); Intervenor: Unite the Union (intervenor)
Jurisdiction
England and Wales
Judgment Date
01 March 2021
Procedural Posture
Civil / Judgment on Application for Norwich Pharmacal Relief and Pre Action Disclosure
Outcome
Claim dismissed
Legal Topics
Norwich Pharmacal Relief, Pre Action Disclosure, Identification of Wrongdoers, Disclosure of Documents, Article 8 Rights, Civil Procedure Rules
Defamation Privacy Data Protection Civil Procedure Norwich Pharmacal Relief Pre Action Disclosure Identification of Wrongdoers Disclosure of Documents +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Emilie Oldknow OBE

Applicant/claimant

David Evans (as representative of Labour Party members except the Applicant/Claimant)

Respondent/defendant

Unite the Union (intervenor)

Intervenor

Procedural Posture

Civil / Judgment on Application for Norwich Pharmacal Relief and Pre Action Disclosure

Legal Issues

  1. 1 Whether Norwich Pharmacal relief should be granted to compel disclosure of identities of alleged wrongdoers
  2. 2 Whether pre-action disclosure under CPR Part 31.16 should be granted
  3. 3 Risk of identifying innocent parties

Ratio Decidendi

Norwich Pharmacal relief and pre-action disclosure were refused because the Labour Party could not identify with certainty the wrongdoers, and the relief sought would risk naming innocent parties, amount to fishing for information, and was not focused or proportionate. The threshold possession condition was not satisfied, and overall justice considerations weighed against granting the orders.

Court Disposition

Claim dismissed

Orders

  • Claimant's application for Norwich Pharmacal relief dismissed
  • Claimant's application for pre-action disclosure under CPR Part 31.16 dismissed