Mayr & Ors v CMS Cameron McKenna Nabarro Olswang LLP

Mayr & Ors v CMS Cameron McKenna Nabarro Olswang LLP

Claimants failed to comply with the court's expert evidence procedure, particularly regarding the Turkish pharmaceutical expert evidence, and did not apply for relief from sanctions or provide a workable solution. Permission to adduce such evidence at trial is conditional on strict compliance with a new timetable...

Source-derived case information.

Parties
Claimant: Alexander Mayr; Claimant: Rouver Investments S.A.R.L; Claimant: Life Science Partners Limited; Claimant: Spokane Investments Limited; Defendant: CMS Cameron McKenna Nabarro Olswang LLP
Jurisdiction
England and Wales
Judgment Date
14 December 2018
Procedural Posture
Commercial Court Proceedings / Pre Trial Review Ruling and Interlocutory Orders
Outcome
Interlocutory orders made; conditional permission granted for Turkish expert evidence; further disclosure ordered against Spokane.
Legal Topics
Expert Evidence Procedure, Disclosure Obligations, Relief From Sanctions, Document Review and Privilege, Foreign Law (swiss Law)
Civil Procedure Commercial Law Expert Evidence Procedure Disclosure Obligations Relief From Sanctions Document Review and Privilege Foreign Law (swiss Law)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alexander Mayr

Claimant

Rouver Investments S.A.R.L

Claimant

Life Science Partners Limited

Claimant

Spokane Investments Limited

Claimant

CMS Cameron McKenna Nabarro Olswang LLP

Defendant

Procedural Posture

Commercial Court Proceedings / Pre Trial Review Ruling and Interlocutory Orders

Legal Issues

  1. 1 Whether claimants complied with court orders regarding expert evidence procedure
  2. 2 Whether claimants should be permitted to adduce Turkish pharmaceutical expert evidence at trial
  3. 3 Adequacy and process of disclosure by Spokane Investments Limited

Ratio Decidendi

Claimants failed to comply with the court's expert evidence procedure, particularly regarding the Turkish pharmaceutical expert evidence, and did not apply for relief from sanctions or provide a workable solution. Permission to adduce such evidence at trial is conditional on strict compliance with a new timetable and procedure. Spokane's disclosure process was inadequate; the court ordered reconstitution and review of all Spokane documents, with redaction allowed for third-party information, as Spokane failed to provide proper particulars of Swiss law justifying non-disclosure.

Court Disposition

Interlocutory orders made; conditional permission granted for Turkish expert evidence; further disclosure ordered against Spokane.

Orders

  • Claimants may only adduce Turkish generics pharmaceutical expert evidence if Professor Kilgallon serves his supplemental report by 4pm on 21 December 2018, followed by a further joint expert meeting and joint statement, and sufficient time for the defendant's expert to respond; compliance to be determined by the...
  • Spokane must cause the HNW hard drive to be searched to reconstitute the upload file, provide it to its solicitors for review, and disclose relevant documents subject to privilege, with liberty to redact third-party information.