Instance and Others v Denny Bros Printing Ltd and Others (Interim Injunction)
| Jurisdiction | England & Wales |
| Judgment Date | 21 December 1999 |
| Date | 21 December 1999 |
| Court | Chancery Division |
CHANCERY DIVISION
Before Mr Justice Lloyd
Practice - without-prejudice communications - protection extends to subsequent related litigation
The protection afforded to without-prejudice communications extended to subsequent litigation connected with the same subject matter and was not limited to things relevant to the original dispute nor to statements which in the context of that dispute were against the interests of the maker of that statement.
Mr Justice Lloyd so held in the Chancery Division, allowing the application of the claimants, Mr David John Instance, David John Instance Ltd and Moss Printing Inc, for an interim injunction preventing the defendants, Denny Bros Printing Ltd, Fix-a-Form International Ltd and Fix-a-Form Inc, from making use of certain without-prejudice communications which passed between them in negotiations resolving patent disputes between them and/or companies connected with them between 1991-7 until trial or further order, and which the defendants had intended to use in forthcoming litigation inter partes in Illinois.
Mr Peter Scott, QC and Mr Raymond Cox for the claimants; Mr Antony Watson, QC, for the defendants.
MR JUSTICE LLOYD...
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Krasniqi v Secretary of State for Home Department
...on the basis of public policy, these courts can give extra-territorial effect to the restraint by an order enforcing the contract. Instance v Denny Brothers is an example of such a case – see, in particular, the observations of Mr Justice Lloyd at [2000] FSR 869, 884, 888–9. What is require......
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Christopher James Briggs and Others v Alexander Clay
...They can properly be said to be fully within the ambit of the without prejudice negotiations. 92 In Instance v Denny Bros. Printing Ltd [2000] FSR 869, an issue arose about whether a related company of one of the parties to without prejudice negotiations could refer in other proceedings to ......
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Autostore Technology as (a company incorporated under the laws of Norway) v OCADO Group Plc
...the third meeting, the position seems to me clear and to be on all fours with that considered by Lloyd J in Instance v Denny Bros Printing Ltd [2000] FSR 869 (“ Instance v Denny”). That was a strikingly similar case in which there was English patent litigation between Mr Instance and certai......
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Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others
...last there will ever be.” 25 If it be relevant, it seems to me that the parties in this case are more similar to the patent-holders in the Instance case than the parties in a road accident. But it is noteworthy that Lloyd J was dealing with a case of subsequent different (although connected......
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THE NATURE AND SCOPE OF THE “WITHOUT PREJUDICE” RULE
...written by the plaintiff’s solicitors quoted, ibid, at 286 (para 13 of the judgment). See also David Instance v Denny Bros. Printing Ltd[2000] FSR 869 at 885 (applying Hoffmann’s analysis of the relevance of the intended use of the statements in question.) CfSoon Peng Yam v Maimon bte Ahmad......
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Confidentiality and Liability
...found in a formal mediation agreement entered into at a later date ( David Instance v Denny Brothers Printing Ltd, Interim Injunction [2000] FSR 869 at p 887). While the point has not been raised in a court, the consensual nature of mediation requires that parties enter it with a degree of ......