L'Oreal SA & Ors v Bellure NV & Ors

L'Oreal SA & Ors v Bellure NV & Ors

Disclosure is limited to Mr. Barter's expert report as it is relevant to the present action; other materials, including skeleton arguments and witness statements from previous proceedings, are not relevant or privileged and are not disclosable. Video tapes and interviews conducted by Mr. Quinn must be disclosed in full if claimants deploy his evidence as representative of public perception. Terms of settlement are not disclosable at this stage as the application is premature. Costs of the disclosure application are awarded to the claimants due to defendants' inadequate initial disclosure and subsequent capitulation.

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
Civil / Interlocutory Application Ruling
Outcome
Application granted in part, dismissed in part
Legal Topics
Disclosure, Privilege, Expert Evidence, Witness Statements, Settlement Terms, Costs
Intellectual Property Civil Procedure Disclosure Privilege Expert Evidence Witness Statements Settlement Terms Costs

Case Brief

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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

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether previous skeleton arguments, witness statements, and expert reports from earlier proceedings are disclosable in the present action
  2. 2 Whether video tapes and interviews conducted by claimants are disclosable
  3. 3 Whether terms of settlement between claimants and certain defendants are disclosable

Ratio Decidendi

Disclosure is limited to Mr. Barter's expert report as it is relevant to the present action; other materials, including skeleton arguments and witness statements from previous proceedings, are not relevant or privileged and are not disclosable. Video tapes and interviews conducted by Mr. Quinn must be disclosed in full if claimants deploy his evidence as representative of public perception. Terms of settlement are not disclosable at this stage as the application is premature. Costs of the disclosure application are awarded to the claimants due to defendants' inadequate initial disclosure and subsequent capitulation.

Court Disposition

Application granted in part, dismissed in part

Orders

  • Claimants to disclose Mr. Barter's expert report from previous proceedings
  • Claimants to disclose entirety of Mr. Quinn's interviews and video tapes if his evidence is deployed as representative