Reed Executive and Another v Reed Business Information Ltd and Others (No 2)
Jurisdiction | England & Wales |
Judgment Date | 14 July 2004 |
Date | 14 July 2004 |
Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Auld, Lord Justice Rix and Lord Justice Jacob
Costs - rule against disclosure of without-prejudice negotiations - applicable in relation to determination of costs
The rule against disclosure to the court of without-prejudice negotiations applied when it came to the determination of costs even though in the absence of disclosure the court might be unable to decide whether a party had been unreasonable in refusing mediation.
The Court of Appeal (Lord Justice Auld, Lord Justice Rix and Lord Justice Jacob) so held on July 14, 2004 ruling on preliminary issues concerning costs following judgment (The Times March 9, 2004) in an appeal by the defendants, Reed Business Information Ltd, Reed Elsevier (UK) Ltd and Totaljobs.com Ltd, from a decision of Mr Justice Pumphrey on May 20, 2002 in an action for trademark infringement and passing off brought by the claimants, Reed Executive plc and Reed Solutions plc.
LORD JUSTICE JACOB said...
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