Weatherford Global v Hydropath

Weatherford Global v Hydropath

The defendant's application to rely on the Intertek report is dismissed due to breach of procedural orders and prejudice to the claimant; the report's weight is limited as it was not subjected to agreed experimental regime.

Parties
Claimant: Weatherford Global; Defendant: Hydropath
Jurisdiction
England and Wales
Judgment Date
16 May 2014
Procedural Posture
Commercial / Interlocutory Application Ruling
Outcome
Application dismissed
Legal Topics
Breach of Supply Agreement, Experimental Evidence, Admissibility of Expert Reports, Intellectual Property Misuse
Contract Intellectual Property Product Liability Breach of Supply Agreement Experimental Evidence Admissibility of Expert Reports Intellectual Property Misuse

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Parties

Weatherford Global

Claimant

Hydropath

Defendant

Procedural Posture

Commercial / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the defendant can rely on the Intertek report as experimental proof
  2. 2 Admissibility of late-served notice of experiments
  3. 3 Reliability and weight of expert evidence

Ratio Decidendi

The defendant's application to rely on the Intertek report is dismissed due to breach of procedural orders and prejudice to the claimant; the report's weight is limited as it was not subjected to agreed experimental regime.

Court Disposition

Application dismissed

Orders

  • The Intertek report may be included in the trial bundle for limited consideration.
  • Experts may comment on the report, but its evidential weight is restricted.