Halliburton Energy Services Inc v Smith International (North Sea) Ltd & Ors

Parties

Procedural Posture

Civil Appeal (patents) / Application to Revoke Appointment of Scientific Adviser in Pending Appeal

Legal Issues

1. 1 Whether the appointment of Professor Limebeer as scientific adviser should be revoked due to alleged partiality and overstepping his role
2. 2 Whether the continued appointment would create a perception of unfairness or bias in the appeal process

Ratio Decidendi

It was not necessary to revoke Professor Limebeer's appointment as scientific adviser. Although he expressed some opinions beyond mere elucidation of technology, the court is able to disregard extraneous views, and fairness is preserved by disclosure and opportunity to comment. There is no real possibility of bias or unfairness in the circumstances, and the perception of the fair-minded and informed observer would not require revocation.

Court Disposition

application to revoke appointment refused; appeal to proceed

Orders

• The appointment of Professor Limebeer as scientific adviser is not revoked.
• The hearing of the appeal is not adjourned and will proceed as listed.