Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2013] EWCA Civ 1234 (22 October 2013)

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2013] EWCA Civ 1234 (22 October 2013)

The Court of Appeal held that the risk of prosecution under the French blocking statute for compliance with English court orders for disclosure or further information was theoretical and not real or substantial. The court found that Regulation 1206/2001 does not provide a mandatory or exclusive route for obtaining party disclosure or further information in civil litigation between Member States. The English court retains discretion to order such disclosure or information, and the interests of justice and the need for effective litigation outweigh the speculative risk of foreign prosecution. The appeals were dismissed and the orders for disclosure and further information upheld.

Citation
[2013] EWCA Civ 1234
Parties
Claimants/respondents: The Secretary of State for Health and Others; Defendants/appellants: Servier Laboratories Limited and Others (including Les Laboratoires Servier SAS and Servier SAS); Claimant/respondent: National Grid Electricity Transmission PLC; Defendants/appellants: ABB Limited and Others (including Alstom, Alstom Holdings, Alstom Grid SAS, Areva SA)
Jurisdiction
England and Wales
Judgment Date
22 October 2013
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Orders (disclosure and Further Information) From the High Court (chancery Division)
Outcome
Appeals dismissed
Legal Topics
Disclosure, Blocking Statutes, Taking of Evidence, Jurisdictional Conflict, Antitrust Damages, Interlocutory Relief
Civil Procedure Competition Law European Union Law Conflict of Laws Disclosure Blocking Statutes Taking of Evidence Jurisdictional Conflict +2 more

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Parties

The Secretary of State for Health and Others

Claimants/respondents

Servier Laboratories Limited and Others (including Les Laboratoires Servier SAS and Servier SAS)

Defendants/appellants

National Grid Electricity Transmission PLC

Claimant/respondent

ABB Limited and Others (including Alstom, Alstom Holdings, Alstom Grid SAS, Areva SA)

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Orders (disclosure and Further Information) From the High Court (chancery Division)

Legal Issues

  1. 1 Whether English court orders for disclosure/further information against French parties should be set aside due to the French blocking statute and risk of prosecution in France; Whether Council Regulation (EC) No. 1206/2001 provides a mandatory exclusive procedure for obtaining such evidence from French parties; Whether the risk of prosecution under the French blocking statute is real and significant; Whether the English court should exercise discretion to order disclosure/further information in light of potential foreign criminal liability.

Ratio Decidendi

The Court of Appeal held that the risk of prosecution under the French blocking statute for compliance with English court orders for disclosure or further information was theoretical and not real or substantial. The court found that Regulation 1206/2001 does not provide a mandatory or exclusive route for obtaining party disclosure or further information in civil litigation between Member States. The English court retains discretion to order such disclosure or information, and the interests of justice and the need for effective litigation outweigh the speculative risk of foreign prosecution. The appeals were dismissed and the orders for disclosure and further information upheld.

Court Disposition

Appeals dismissed

Orders

  • Orders for disclosure and provision of further information against the French defendants/appellants are upheld; compliance required as per the original High Court orders.