Nestec S.A. & Ors v Dualit Ltd & Ors [2013] EWHC 2737 (Pat) (05 September 2013)

Nestec S.A. & Ors v Dualit Ltd & Ors [2013] EWHC 2737 (Pat) (05 September 2013)

The court has no power, either under the Civil Procedure Rules or its inherent jurisdiction, to order access to trial exhibits and documents for a non-party after trial, except as specifically provided for in the CPR. The principle of open justice does not extend to granting such access, and the rules deliberately...

Source-derived case information.

Citation
[2013] EWHC 2737 (Pat)
Parties
Claimant: Nestec S.A.; Claimant: Nestlé Nespresso S.A.; Claimant: Nespresso UK Limited; Defendant: Dualit Limited; Defendant: Product Sourcing (UK) Limited; Defendant: Mr. Leslie Alexander Gort-Barten; Intervener: DEMB Holding B.V.
Jurisdiction
England and Wales
Judgment Date
05 September 2013
Procedural Posture
Patent / Post Trial Application by Non Party for Access to Trial Documents
Outcome
Application dismissed
Legal Topics
Access to Court Documents, Open Justice, Patent Litigation, Inherent Jurisdiction, Civil Procedure Rules
Intellectual Property Civil Procedure Access to Court Documents Open Justice Patent Litigation Inherent Jurisdiction Civil Procedure Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nestec S.A.

Claimant

Nestlé Nespresso S.A.

Claimant

Nespresso UK Limited

Claimant

Dualit Limited

Defendant

Product Sourcing (UK) Limited

Defendant

Mr. Leslie Alexander Gort-Barten

Defendant

DEMB Holding B.V.

Intervener

Procedural Posture

Patent / Post Trial Application by Non Party for Access to Trial Documents

Legal Issues

  1. 1 Whether the court has inherent jurisdiction to order access to trial exhibits and documents for a non-party after trial
  2. 2 Whether CPR r.5.4C or r.32.13 permit such access
  3. 3 Whether the principle of open justice requires such access

Ratio Decidendi

The court has no power, either under the Civil Procedure Rules or its inherent jurisdiction, to order access to trial exhibits and documents for a non-party after trial, except as specifically provided for in the CPR. The principle of open justice does not extend to granting such access, and the rules deliberately do not provide for it.

Court Disposition

Application dismissed

Orders

  • Application by DEMB Holding B.V. for access to documents in categories 2 to 8 is refused.