L'Oreal SA & Ors v Bellure NV & Ors [2006] EWHC 1503 (Ch) (24 May 2006)

L'Oreal SA & Ors v Bellure NV & Ors [2006] EWHC 1503 (Ch) (24 May 2006)

Only the expert report of Mr. Barter, which is relevant to the issues in the current proceedings, is disclosable; other materials from previous proceedings are not. Where claimants deploy survey/interview evidence as representative, all underlying materials must be disclosed. Settlement terms with certain defendants are not presently disclosable as the application is premature. Costs of the disclosure application are awarded to the claimants.

Citation
[2006] EWHC 1503 (Ch)
Parties
Claimant: L'OREAL S. A; Claimant: LANCOME PARFUMS ET BEAUTE & CIE; Claimant: LABORATOIRE GARNIER & CIE; Defendant: BELLURE NV; Defendant: NORTH WEST COSMETICS LIMITED; Defendant: HMC COSMETICS LIMITED; Defendant: MALAIKA INVESTMENTS LIMITED; Defendant: SHURE ENTERPRISES LIMITED; Defendant: SAVEONMAKEUP. CO. UK; Defendant: STARION INTERNATIONAL LIMITED
Jurisdiction
England and Wales
Judgment Date
24 May 2006
Procedural Posture
Interlocutory Application in Civil Proceedings / Disclosure Application Ruling Prior to Trial
Outcome
Application granted in part and refused in part.
Legal Topics
Disclosure of Documents, Expert Evidence, Witness Statements, Privilege, Trade Mark Infringement, Passing Off
Civil Procedure Intellectual Property Disclosure of Documents Expert Evidence Witness Statements Privilege Trade Mark Infringement Passing Off

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Parties

L'OREAL S. A

Claimant

LANCOME PARFUMS ET BEAUTE & CIE

Claimant

LABORATOIRE GARNIER & CIE

Claimant

BELLURE NV

Defendant

NORTH WEST COSMETICS LIMITED

Defendant

HMC COSMETICS LIMITED

Defendant

MALAIKA INVESTMENTS LIMITED

Defendant

SHURE ENTERPRISES LIMITED

Defendant

SAVEONMAKEUP. CO. UK

Defendant

STARION INTERNATIONAL LIMITED

Defendant

Procedural Posture

Interlocutory Application in Civil Proceedings / Disclosure Application Ruling Prior to Trial

Legal Issues

  1. 1 Whether previous skeleton arguments, witness statements, and expert reports from earlier proceedings are disclosable in current proceedings
  2. 2 Whether survey evidence and related materials must be disclosed
  3. 3 Whether terms of settlement between claimants and certain defendants are presently disclosable

Ratio Decidendi

Only the expert report of Mr. Barter, which is relevant to the issues in the current proceedings, is disclosable; other materials from previous proceedings are not. Where claimants deploy survey/interview evidence as representative, all underlying materials must be disclosed. Settlement terms with certain defendants are not presently disclosable as the application is premature. Costs of the disclosure application are awarded to the claimants.

Court Disposition

Application granted in part and refused in part.

Orders

  • Claimants to disclose Mr. Barter's expert report from previous proceedings.
  • Claimants to disclose all materials relating to Mr. Quinn's interviews if they deploy his evidence as representative.