Reed Executive and Another v Reed Business Information Ltd and Others (No 2)

JurisdictionEngland & Wales
Judgment Date14 July 2004
Date14 July 2004
CourtCourt of Appeal (Civil Division)

COURT OF APPEAL

Before Lord Justice Auld, Lord Justice Rix and Lord Justice Jacob

Reed Executive and Another
and
Reed Business Information Ltd and Others (No 2)

Costs - rule against disclosure of without-prejudice negotiations - applicable in relation to determination of costs

Disclosure rule strict

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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