Leo Pharma A/S & Anor v Sandoz Ltd

Leo Pharma A/S & Anor v Sandoz Ltd

The inclusion of paragraph 9 in the order was not an accidental slip or omission but the result of an agreement between the parties. The slip rule cannot be used to correct deliberate agreements or to revisit matters not raised before the court. Sandoz's acceptance of the order, even if mistaken, does not justify correction under CPR r. 40.12.

Parties
Claimant/respondent: LEO PHARMA A/S; Claimant/respondent: LEO LABORATORIES LIMITED; Defendant/applicant: SANDOZ LIMITED
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Patent Infringement / Application to Correct Order Under CPR R. 40.12 (slip Rule)
Outcome
Application dismissed
Legal Topics
Slip Rule, Correction of Orders, Patent Infringement, Interest on Damages
Civil Procedure Intellectual Property Slip Rule Correction of Orders Patent Infringement Interest on Damages

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Parties

LEO PHARMA A/S

Claimant/respondent

LEO LABORATORIES LIMITED

Claimant/respondent

SANDOZ LIMITED

Defendant/applicant

Procedural Posture

Patent Infringement / Application to Correct Order Under CPR R. 40.12 (slip Rule)

Legal Issues

  1. 1 Whether the inclusion of paragraph 9 in the order was an accidental slip or omission correctable under CPR r. 40.12
  2. 2 Whether the agreement between counsel on the form of order can be corrected under the slip rule

Ratio Decidendi

The inclusion of paragraph 9 in the order was not an accidental slip or omission but the result of an agreement between the parties. The slip rule cannot be used to correct deliberate agreements or to revisit matters not raised before the court. Sandoz's acceptance of the order, even if mistaken, does not justify correction under CPR r. 40.12.

Court Disposition

Application dismissed

Orders

  • Application to correct order under CPR r. 40.12 is dismissed