L'Oreal SA & Ors v eBAY International Ag & Ors [2008] EWHC B13 (Ch) (15 July 2008)

L'Oreal SA & Ors v eBAY International Ag & Ors [2008] EWHC B13 (Ch) (15 July 2008)

The eBay Defendants are entitled to inspect the confidential Tomlin order schedules through their legal advisers as it is reasonably necessary to analyse whether settlement terms affect their liability as joint tortfeasors; confidentiality alone does not justify refusal. Permission is granted to serve contribution notices. Joinder of Glen Fox and Ruhshana Bi as defendants is permitted, but the order is stayed to allow them or eBay Defendants to apply to vary or set aside after inspection.

Citation
[2008] EWHC B13 (Ch)
Parties
Claimant: L'Oreal (Claimant); Defendant: eBay Defendants; Proposed Defendant: Glen Fox; Proposed Defendant: Ruhshana Bi
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Intellectual Property Infringement / Interlocutory Applications
Outcome
Applications granted with conditions
Legal Topics
Trade Mark Infringement, Joint Tortfeasor Liability, Confidentiality of Settlement Agreements, Disclosure of Documents, Case Management, Joinder of Parties
Intellectual Property Civil Procedure Trade Mark Infringement Joint Tortfeasor Liability Confidentiality of Settlement Agreements Disclosure of Documents Case Management Joinder of Parties

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Parties

L'Oreal (Claimant)

Claimant

eBay Defendants

Defendant

Glen Fox

Proposed Defendant

Ruhshana Bi

Proposed Defendant

Procedural Posture

Intellectual Property Infringement / Interlocutory Applications

Legal Issues

  1. 1 Whether eBay Defendants are entitled to disclosure of confidential Tomlin order schedules
  2. 2 Whether permission should be granted to serve contribution notices
  3. 3 Whether Glen Fox and Ruhshana Bi should be joined as defendants

Ratio Decidendi

The eBay Defendants are entitled to inspect the confidential Tomlin order schedules through their legal advisers as it is reasonably necessary to analyse whether settlement terms affect their liability as joint tortfeasors; confidentiality alone does not justify refusal. Permission is granted to serve contribution notices. Joinder of Glen Fox and Ruhshana Bi as defendants is permitted, but the order is stayed to allow them or eBay Defendants to apply to vary or set aside after inspection.

Court Disposition

Applications granted with conditions

Orders

  • eBay Defendants' legal advisers permitted to inspect confidential Tomlin order schedules
  • Permission granted to serve contribution notices