Reed Executive Plc & Anor v Reed Business Information Ltd & Ors [2004] EWCA Civ 887 (14 July 2004)

Reed Executive Plc & Anor v Reed Business Information Ltd & Ors [2004] EWCA Civ 887 (14 July 2004)

The court cannot order disclosure of 'without prejudice' negotiations for the purpose of determining costs unless both parties consent. The refusal to participate in ADR did not, on the open material, amount to unreasonable conduct justifying a departure from the general rule on costs. The commercial rate of interest, not the statutory judgment rate, should apply to repayment of interim costs.

Citation
[2004] EWCA Civ 887
Parties
Respondent/claimant: Reed Executive plc; Respondent/claimant: Reed Solutions plc; Appellant/defendant: Reed Business Information Ltd; Appellant/defendant: Reed Elsevier (UK) Ltd; Appellant/defendant: Totaljobs.com Ltd
Jurisdiction
England and Wales
Judgment Date
14 July 2004
Procedural Posture
Appeal (civil) / Post Judgment, Consequential Orders and Costs
Outcome
No order for disclosure of 'without prejudice' negotiations; commercial rate of interest to apply; further hearing required on costs allocation and other outstanding matters.
Legal Topics
Costs, Without Prejudice Communications, Alternative Dispute Resolution (adr), Trade Marks, Passing Off
Civil Procedure Intellectual Property Costs Without Prejudice Communications Alternative Dispute Resolution (adr) Trade Marks Passing Off

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Parties

Reed Executive plc

Respondent/claimant

Reed Solutions plc

Respondent/claimant

Reed Business Information Ltd

Appellant/defendant

Reed Elsevier (UK) Ltd

Appellant/defendant

Totaljobs.com Ltd

Appellant/defendant

Procedural Posture

Appeal (civil) / Post Judgment, Consequential Orders and Costs

Legal Issues

  1. 1 Whether the court can compel disclosure of 'without prejudice' negotiations for the purpose of determining costs
  2. 2 Whether refusal to participate in ADR should affect costs orders
  3. 3 Appropriate interest rate for repayment of interim costs

Ratio Decidendi

The court cannot order disclosure of 'without prejudice' negotiations for the purpose of determining costs unless both parties consent. The refusal to participate in ADR did not, on the open material, amount to unreasonable conduct justifying a departure from the general rule on costs. The commercial rate of interest, not the statutory judgment rate, should apply to repayment of interim costs.

Court Disposition

No order for disclosure of 'without prejudice' negotiations; commercial rate of interest to apply; further hearing required on costs allocation and other outstanding matters.

Orders

  • No disclosure of 'without prejudice' negotiations for costs purposes unless both parties agree.
  • Repayment of £350,000 interim costs to be at the commercial rate of interest.