Productivity-Quality Systems Inc v Cybermetrics Corporation & Anor [2019] EWHC 2518 (QB) (27 September 2019)

Productivity-Quality Systems Inc v Cybermetrics Corporation & Anor [2019] EWHC 2518 (QB) (27 September 2019)

The order for production of documents and oral examination under the letter of request should not be set aside as the requirements of the 1975 Act are met, the evidence is relevant and central, and no oppression or material non-disclosure justifying setting aside is established. However, the order must be varied to stay production of documents pending arrangements to protect confidentiality.

Citation
[2019] EWHC 2518
Parties
Claimant/applicant: Productivity-Quality Systems Inc; Defendant: Cybermetrics Corporation; Third Party/respondent: Jeffrey Aughton
Jurisdiction
England and Wales
Judgment Date
27 September 2019
Procedural Posture
Application to Set Aside or Stay Order for Evidence Under Letter of Request / Post Order, Pre Trial, Application Hearing
Outcome
Order not set aside; varied to stay document production pending confidentiality arrangements; costs awarded to Mr Aughton for limited non-disclosure.
Legal Topics
Letters of Request, Evidence (proceedings in Other Jurisdictions) Act 1975, Breach of Confidence, Copyright Infringement, Oppression, Material Non Disclosure, Confidentiality Orders
Civil Procedure Intellectual Property International Judicial Assistance Letters of Request Evidence (proceedings in Other Jurisdictions) Act 1975 Breach of Confidence Copyright Infringement Oppression +2 more

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Parties

Productivity-Quality Systems Inc

Claimant/applicant

Cybermetrics Corporation

Defendant

Jeffrey Aughton

Third Party/respondent

Procedural Posture

Application to Set Aside or Stay Order for Evidence Under Letter of Request / Post Order, Pre Trial, Application Hearing

Legal Issues

  1. 1 Whether the order for production of documents and oral examination under a letter of request should be set aside or stayed on grounds of oppression, pointlessness, or material non-disclosure; whether confidentiality protections should be imposed.

Ratio Decidendi

The order for production of documents and oral examination under the letter of request should not be set aside as the requirements of the 1975 Act are met, the evidence is relevant and central, and no oppression or material non-disclosure justifying setting aside is established. However, the order must be varied to stay production of documents pending arrangements to protect confidentiality.

Court Disposition

Order not set aside; varied to stay document production pending confidentiality arrangements; costs awarded to Mr Aughton for limited non-disclosure.

Orders

  • Order of 16 July 2019 not set aside.
  • Requirement to disclose documents stayed pending confidentiality protections.