[4] In 2011, it was proposed that Norwich Pharmacal orders should not be granted by the UK courts where disclosure of the material in question would cause damage to the public interest.
[7] The judgment is based on the 19th century procedure known as the "bill of discovery" and the case was brought by Norwich Pharmacal Co., the owner of the patent for a chemical.
Norwich knew that its patent was infringed, because the chemical was imported into the UK, but it was unable to identify the alleged wrongdoer.
It brought proceedings against HM Customs and Excise to force the Commissioners to disclose the names of the importers, which were the "Intended Defendants".
[8] Norwich Pharmacal orders are typically sought when legal proceedings for alleged wrongdoing cannot be brought because the identity of the wrongdoer is not known.