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England and Wales decisions
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The High Court granted Microsoft Norwich Pharmacal relief against Oxide Group Limited to identify users and operators of RedVDS.com and preserve evidence.
The application was dismissed because the claimant failed to establish that Guardian News & Media Ltd was mixed up in, or facilitated, the alleged wrongdoing. The Guardian was merely a recipient of information and did not publish or otherwise participate in the wrongdoing. As the third condition for a Norwich Pharmacal order was not met, the court's discretion did not arise.
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There is no necessity to depart from the principle of open justice as the Norwich Pharmacal application does not require reference to private family law matters, and any irrelevant or inappropriate reference will be prevented by the court.
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Relief from sanctions was granted for the TMG claim as the claimant's default was inadvertent and the interests of justice favoured reinstatement. The limitation period for ANL1 was not disapplied because the claimant failed to provide a clear, adequate, and satisfactory explanation for delay; thus, ANL1 was dismissed. Interim injunctions were refused as the statements were not unarguably defamatory, defences were available, and the applications were overly broad. The Norwich Pharmacal order was refused as no arguable wrongdoing by the source was established and the strong public interest in…
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The essential purpose of the interim injunction application was to protect the claimant's reputation, so the defamation rule applied. The claimant failed to show the statements were unarguably defamatory or that there were no grounds for a defence. The Norwich Pharmacal order was refused because the claimant had not established necessity, having not taken reasonable steps to confirm the source, and the strong protection of journalistic sources should not be overridden.
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Tooley v Times Media Ltd [2026] EWHC 675 (KB) (23 March 2026)
The High Court refused an interim injunction and a Norwich Pharmacal order in a media dispute, holding the applications were driven by reputational harm and lacking necessity.
Tooley v Associated Newspapers Ltd [2026] EWHC 548 (KB) (13 January 2026)
The High Court dismissed a Norwich Pharmacal application against The Guardian, holding it was only a recipient of information and not mixed up in any wrongdoing.
Tooley v Associated Newspapers Ltd [2026] EWHC 549 (KB) (13 January 2026)
The High Court refused an application to hear a Norwich Pharmacal hearing in private, holding that open justice applied and no necessity for privacy was shown.
The court finds it contrary to the interests of justice to prevent the Claimant from pursuing claims against the Defendant using material disclosed under the previous order, and is minded to discharge the current undertaking, subject to the Claimant providing a more limited undertaking restricting use of the material to specified proceedings.
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On discontinuance, the High Court held the claimants must pay D3’s costs. The court found no good reason to depart from CPR 38.6 and ordered payments on account.
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