Summary
A Norwich Pharmacal order requires an arguable wrong, a genuine need for disclosure, and a respondent involved in furthering the alleged wrongdoing. A person who merely holds relevant information as a witness is insufficiently involved.
Where the application concerns anonymous online speech, the claimant must show a real prospect of success in the underlying claim. For defamation, this includes evidence of serious harm under Defamation Act 2013 section 1. For malicious falsehood, falsity and malice must be supported by evidence. Supplying an email account used only to register with another platform does not make the email provider mixed up in later publications.
Factual background
The claimants operated a property-management and estate-agency business and complained of allegedly fake Trustpilot reviews. They had obtained an earlier Norwich Pharmacal order against Trustpilot, which identified Gmail addresses associated with the reviews. They sought subscriber information from Google to identify the persons controlling those addresses.
The court considered potential claims in defamation and malicious falsehood, the requirements for Norwich Pharmacal relief, the involvement of Google in the alleged wrongdoing, and the competing privacy and expression rights of anonymous reviewers. Google took a neutral position and did not attend the hearing.
Held
- The application was refused. Review 9 was withdrawn. Only the Fifth and Sixth Claimants demonstrated an arguable wrong, and only in relation to Reviews 2, 3, 4, 5, 6, 7, 8 and 11. The First to Fourth Claimants did not establish an arguable wrong. Reviews 1 and 10 lacked sufficient evidence of falsity and malice.
- The applicant had to establish the requirements identified in Mitsui & Co Ltd v Nexen Petroleum UK Ltd [2005] 3 All ER 511: an arguable wrong, need for the order, involvement of the respondent in the wrongdoing, and the ability to provide useful information. Necessity was a threshold condition. The applicant had no other readily available means of identifying the alleged wrongdoers.
- The decisive issue was whether Google was mixed up in the wrongdoing. Applying NML Capital v Chapman Freeborn Holdings Ltd [2013] EWCA Civ 589, the court had to identify precisely the alleged wrongdoing and ask whether the respondent had facilitated its furtherance. Google supplied email accounts used to register Trustpilot accounts, but there was no evidence that Google played any role when the reviews were subsequently posted. Google was therefore a mere witness. Maintaining the email accounts and using false registration names made no difference.
- The defamation claims had no real prospect of success because the evidence did not establish reference to the individual claimants, serious reputational harm, or serious financial loss for the companies under section 1 of Defamation Act 2013. The malicious-falsehood claims concerning the two groups of reviews had a real prospect of success. Linked IP addresses, multiple accounts and false identities provided a credible basis for inferring falsity and malice. Section 3(1) of Defamation Act 1952 gave the companies a credible route to establish pecuniary loss.
- The court did not need to exercise its discretion because Google was not sufficiently involved. Had that requirement been satisfied, the The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) [2012] 1 WLR 3333 factors would have supported an order. The court also emphasised the importance of full and frank disclosure on this type of application, particularly where the anonymous target is absent.
The court’s approach to earlier authorities
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Key cases cited
The 30 most senior of 36 authorities cited.
- Lachaux v Independent Print Ltd and another [2019] UKSC 27
- The Rugby Football Union v Consolidated Information Services Limited (Formerly Viagogo Limited) (In Liquidation) [2012] UKSC 55
- In re S (FC) (a child) (Appellant) [2004] UKHL 47
- Ashworth Security Hospital v MGN Limited [2002] UKHL 29
- Norwich Pharmacal Co v Customs and Excise Comrs [1974] AC 133
- Knuppfer v London Express Newspapers Ltd [1944] AC 116
- Fiona George v Linda Cannell & Anor [2022] EWCA Civ 1067
- EUI Limited v UK Vodaphone Limited [2021] EWCA Civ 1771
- Corbyn v Millett [2021] EWCA Civ 567
- NML Capital Ltd v Chapman Freeborn Holdings Ltd & Ors [2013] EWCA Civ 589
- Omar & Ors, R (on the applicatiom of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWCA Civ 118
- Dow Jones & Co Inc v Jameel [2005] EWCA Civ 75
- Totalise plc v The Motley Fool Ltd [2001] EWCA Civ 1897
- Alexander v Arts Council of Wales [2001] EWCA Civ 514
- Memory Corpn Plc v Sidhu (No 2) [2000] 1 WLR 1443
- Mohamed Amersi v Charlotte Leslie & Anor. [2023] EWHC 1368 (KB)
- Dyson v Channel Four [2023] EMLR 5
- Sivananthan v Vasikaran [2023] EMLR 7
- Stephanie Rebecca Hayden v Associated Newspapers Limited & Anor [2022] EWHC 2693 (KB)
- Koutsogiannis v The Random House Group Ltd [2019] EWHC 48 (QB)
- Tinkler v Ferguson & Ors (Rev 1) [2018] EWHC 3563 (QB)
- Huda v Wells [2018] EMLR 7
- Economou v David De Freitas (Rev 1) [2016] EWHC 1853 (QB)
- Various Claimants v News Group Newspapers Ltd & Ors [2013] EWHC 2119 (Ch)
- Masri v Consolidated Contractors International Co Sal & Ors [2011] EWHC 1780 (Comm)
- Clift v Clarke [2011] EWHC 1164 (QB)
- Thornton v Telegraph Media Group Ltd [2010] EWHC 1414 (QB)
- Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs (Rev 31-07-2009) [2008] EWHC 2048 (Admin)
- Sheffield Wednesday Football Club Ltd & Ors v Hargreaves [2007] EWHC 2375 (QB)
- Mitsui & Co Ltd v Nexen Petroleum UK Ltd [2005] EWHC 625 (Ch)
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Cases citing this case
4 later cases · 3 positive · 1 neutral
Most senior citing decisions:
- MKR v Cloudflare Limited & Ors [2026] EWHC 2452 (KB) applied
- Cynthia Nkiruka Tooley MBE v Times Media Limited [2026] EWHC 675 (KB) followed
- Cynthia Niruka Tooley v Associated Newspapers Ltd & Anor [2026] EWHC 683 (KB) followed
- Josephine Mary Hayes v The Liberal Democrats & Anor [2023] EWHC 3166 (KB)
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