Norwich Pharmacal Co. & Others v Customs and Excise Commissioners [1974] AC 133
Citation:Norwich Pharmacal Co. & Others v Customs and Excise Commissioners [1974] AC 133
Rule of thumb:What happens if a person holds information about a legal wrong done by a third party? Where a person holds information about a legal wrong done by a third party, they can be sued to provide this information. Once they have provided the information they can then be released from the legal action.
Background facts:
The facts of this case were that goods were imported, but the exporter did not have a patent or a license to provide these goods.
Judgment:
The Court held that the person who purchased the goods had to provide all the information they had about the person who they purchased the goods from who was trading without being a patent licensee. The Court explained that where a party has without their knowledge or wrongdoing contributed to a legal being done to someone else, they are not deemed to be liable for this, and not one of the partners who has contributed to it. However, they have an obligation to provide all the evidence they have in relation to it to ensure that the person can pursue their case. If they do not provide this evidence then they can be sued.
Ratio-decidendi:
‘...that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrongdoing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers’, (Lord Reid)
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.