You need to consider preparing an application for relief pursuant to what we call a Norwich Pharmacal Order
Here is an idiot’s guide – Let’s presume the person has been making the comments via a UK ISP ie Fasthosts
1. You need to write to Fasthosts asking them to disclose the information relating to the person whom you believe is making the comments ie you will have an email address or an IP address. Fasthosts will be the Respondent you will be the Applicant. The Respondent will refuse to disclose unless an Order is granted by the Court.
2. The test to apply is as follows:-
(i) have arguable wrongs been committed against you ?
(ii) was Fasthost mixed up in such arguable wrongs?
(iii) were you genuinely intending to try to seek redress for these arguable wrongs?
(iv) was the disclosure of the names and addresses necessary in order to enable you to pursue that redress?
(v) was the order sought proportionate having regard to the privacy and data protection rights of the intended defendants and the terms and contents of the draft order?
and (vi) should the court exercise its discretion in favour of granting relief?Â
Now if you satisfy these 6 factors, the Court will order Fasthosts to disclose the information
You will need to issue an application and prepare a draft order along with a witness statement and any supporting documents. You may also need to pay the costs for the Respondent for finding the information. It takes approx 3- 4 days and a day in court.
How much are you legal fees?
In the region of Â£5-7,000 exc VAT including Counsel if instructed but not including court fees of circa Â£155 and Â£360 respectively