Reed Executive Plc & Anor v Reed Business Information Ltd & Ors

Reed Executive Plc & Anor v Reed Business Information Ltd & Ors

The court cannot order disclosure of 'without prejudice' negotiations for the purposes of determining costs unless both parties consent. The refusal to mediate by RBI was not unreasonable on the open material, and thus does not affect the costs order. Repayment of interim costs should be at the commercial rate.

Parties
Appellant/defendant: Reed Executive plc; Appellant/defendant: Reed Solutions plc; Respondent/claimant: Reed Business Information Ltd; Respondent/claimant: Reed Elsevier (UK) Ltd; Respondent/claimant: Totaljobs.com Ltd
Jurisdiction
England and Wales
Judgment Date
14 July 2004
Procedural Posture
Civil Appeal / Post Judgment; Determination of Consequential Orders and Costs
Outcome
Further hearing required; no order for disclosure of without prejudice negotiations; commercial rate of interest on repayment; costs issues to be determined at next hearing.
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

Appellant/defendant

Reed Solutions plc

Appellant/defendant

Reed Business Information Ltd

Respondent/claimant

Reed Elsevier (UK) Ltd

Respondent/claimant

Totaljobs.com Ltd

Respondent/claimant

Procedural Posture

Civil Appeal / Post Judgment; Determination of Consequential Orders and Costs

Legal Issues

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

Ratio Decidendi

The court cannot order disclosure of 'without prejudice' negotiations for the purposes of determining costs unless both parties consent. The refusal to mediate by RBI was not unreasonable on the open material, and thus does not affect the costs order. Repayment of interim costs should be at the commercial rate.

Court Disposition

Further hearing required; no order for disclosure of without prejudice negotiations; commercial rate of interest on repayment; costs issues to be determined at next hearing.

Orders

  • No disclosure of without prejudice negotiations for costs purposes.
  • Repayment of £350,000 interim costs payment at commercial interest rate.