Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors

It is not mandatory for English courts to use Regulation (EC) No 1206/2001 for disclosure or requests for further information from parties in France. The lex fori governs such procedural orders, and the existence of the French blocking statute does not deprive the English court of jurisdiction or discretion to make them. The risk of prosecution under the French blocking statute is theoretical and does not warrant refusal of the orders. Both Henderson J and Roth J exercised their discretion correctly in making the orders challenged.

Parties
Claimants/respondents: The Secretary of State for Health and Others; Defendants/appellants: Servier Laboratories Limited and Others; Claimant/respondent: National Grid Electricity Transmission Plc; Defendants/appellants: ABB Limited and Others
Jurisdiction
England and Wales
Judgment Date
22 October 2013
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Orders
Outcome
Appeals dismissed
Legal Topics
French Blocking Statute, Disclosure, Further Information, Regulation (ec) No 1206/2001, Jurisdiction, Sovereignty, EU Law, Risk of Prosecution
Competition Law Civil Procedure International Law French Blocking Statute Disclosure Further Information Regulation (ec) No 1206/2001 Jurisdiction +3 more

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Parties

The Secretary of State for Health and Others

Claimants/respondents

Servier Laboratories Limited and Others

Defendants/appellants

National Grid Electricity Transmission Plc

Claimant/respondent

ABB Limited and Others

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Orders

Legal Issues

  1. 1 Whether compliance with English court orders for disclosure and further information exposes parties to risk of prosecution under the French blocking statute
  2. 2 Whether Regulation (EC) No 1206/2001 mandates use of its procedures for cross-border evidence gathering in civil litigation
  3. 3 Whether English courts retain discretion to order disclosure/further information from foreign parties despite foreign penal statutes

Ratio Decidendi

It is not mandatory for English courts to use Regulation (EC) No 1206/2001 for disclosure or requests for further information from parties in France. The lex fori governs such procedural orders, and the existence of the French blocking statute does not deprive the English court of jurisdiction or discretion to make them. The risk of prosecution under the French blocking statute is theoretical and does not warrant refusal of the orders. Both Henderson J and Roth J exercised their discretion correctly in making the orders challenged.

Court Disposition

Appeals dismissed

Orders

  • The orders of Henderson J and Roth J are upheld.
  • The appellants must comply with the English court orders for disclosure and further information.