The Growth Of Norwich Pharmacal Orders: Part II - The High Court Decision In Portakabin v Google

• Published date: 13 August 2021
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Libel & Defamation, Whistleblowing
• Law Firm: William Fry
• Author: Mr Paul Convery and Adele Hall

The recent High Court (Court) decision in Portakabin v Google [2021] IEHC 446 is illustrative of the approach of the Irish courts to NPOs. In Portakabin, the Court granted an application by Portakabin (applicant) for an NPO (application), which required Google to disclose subscriber information associated with a Gmail account that was allegedly spreading defamatory material about the company. The email account was allegedly used to damage the company's business by making false accusations directly to the applicant's customers.

Background in brief

The applicant was a well-known supplier of temporary structures. In March and April 2021, emails were sent directly to the senior management of the applicant's customers. These emails made several accusations including that the applicant was having difficulty getting regulatory approval for its products and that one of their senior staff members had resigned due to ongoing issues with product quality. There were further allegations that the applicant's staff were incompetent...