Nestec S.A. & Ors v Dualit Ltd & Ors
The court has no inherent jurisdiction to grant third-party access to trial exhibits and documents not covered by CPR rules; open justice principles do not override the procedural limitations established by the CPR and relevant case law.
- 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 for Third Party Access to Trial Documents
- Outcome
- application dismissed
- Legal Topics
- Third Party Access to Court Documents, Patent Litigation, Open Justice, Court's Inherent Jurisdiction
Case Brief
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 for Third Party Access to Trial Documents
Legal Issues
- 1 Whether the court has inherent jurisdiction to grant third-party access to trial exhibits and documents not covered by CPR rules
- 2 Whether principles of open justice permit such access
Ratio Decidendi
The court has no inherent jurisdiction to grant third-party access to trial exhibits and documents not covered by CPR rules; open justice principles do not override the procedural limitations established by the CPR and relevant case law.
Court Disposition
application dismissed
Orders
- Application for access to documents in categories 2 to 8 is dismissed.
Full Case Text
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