Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor
The application does not fall within the slip rule or CPR 3.1(7) as there was no mistake or slip between the judgment and the order; the intention was clear that the Adjourned Issues no longer needed to be determined.
- Parties
- Claimant: Lufthansa Technik AG; Defendant: Astronics Advanced Electronic Systems; Defendant: Safran Seats GB Limited; Defendant: Panasonic Avionics Corporation
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Application / Post Judgment, Application to Vary Order
- Outcome
- application dismissed
- Legal Topics
- Patent Infringement, Costs, Variation of Orders, Slip Rule, Adjourned Issues
Case Brief
Summary, issues, holding and outcome
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Parties
Lufthansa Technik AG
Claimant
Astronics Advanced Electronic Systems
Defendant
Safran Seats GB Limited
Defendant
Panasonic Avionics Corporation
Defendant
Procedural Posture
Application / Post Judgment, Application to Vary Order
Legal Issues
- 1 Whether the court should vary or correct its previous order under CPR 40.12 (slip rule) or CPR 3.1(7)
- 2 Whether the Adjourned Issues should be reopened for determination at the quantum stage
- 3 Whether the previous costs order should be changed
Ratio Decidendi
The application does not fall within the slip rule or CPR 3.1(7) as there was no mistake or slip between the judgment and the order; the intention was clear that the Adjourned Issues no longer needed to be determined.
Court Disposition
application dismissed
Orders
- Application to vary or correct the previous order is dismissed.
- No change to the costs order or the status of the Adjourned Issues.
Full Case Text
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