Lufthansa Technik AG v Panasonic Avionics Corporation & Ors

Lufthansa Technik AG v Panasonic Avionics Corporation & Ors

No automatic sanction exists for breach of an Island Records order, either expressly or by implication. Applications to correct information provided under such orders are governed by ordinary case management principles and the overriding objective, not relief from sanctions. The proportionate response is to allow the claimant to remake its election in light of corrected information.

Parties
Claimant/respondent: Lufthansa Technik AG; Defendant/appellant: Panasonic Avionics Corporation and Others
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed on ground 1.
Legal Topics
Patent Infringement, Island Records Orders, Relief From Sanctions, Case Management, Election Between Remedies
Intellectual Property Civil Procedure Patent Infringement Island Records Orders Relief From Sanctions Case Management Election Between Remedies

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Parties

Lufthansa Technik AG

Claimant/respondent

Panasonic Avionics Corporation and Others

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Is an application to correct information provided under an Island Records order an application for relief from sanctions under CPR r3.9?
  2. 2 Should the defendant be permitted to rely on new financial information after the claimant has elected its remedy?
  3. 3 Does CPR r31.21 or policy grounds impose an automatic sanction for breach of an Island Records order?

Ratio Decidendi

No automatic sanction exists for breach of an Island Records order, either expressly or by implication. Applications to correct information provided under such orders are governed by ordinary case management principles and the overriding objective, not relief from sanctions. The proportionate response is to allow the claimant to remake its election in light of corrected information.

Court Disposition

Appeal allowed on ground 1.

Orders

  • Paragraph 10 of Morgan J's order extended to the date of service of Mr Takahashi’s statement.
  • Lufthansa given 14 days to either elect for an enquiry or confirm its election for an account.