Interflora Inc & Anor v Marks and Spencer Plc & Anor

Interflora Inc & Anor v Marks and Spencer Plc & Anor

Documents containing expert opinion not prepared for the purposes of the proceedings and not by a person instructed as an expert in the case are not subject to CPR Part 35 and are admissible, provided they comply with the Civil Evidence Act 1995. There is no sufficient unfairness to exclude the evidence in this case.

Parties
Claimant: Interflora Inc; Claimant: Interflora British Unit; Defendant: Marks and Spencer plc; Defendant: Flowers Direct Online Limited
Jurisdiction
England and Wales
Judgment Date
15 April 2013
Procedural Posture
Civil / Interlocutory Application (evidentiary Objection at Trial)
Outcome
Objection dismissed; evidence admitted.
Legal Topics
Admissibility of Evidence, Expert Evidence, Hearsay, Civil Evidence Act Notice, CPR Part 35
Civil Procedure Intellectual Property Admissibility of Evidence Expert Evidence Hearsay Civil Evidence Act Notice CPR Part 35

Case Brief

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Parties

Interflora Inc

Claimant

Interflora British Unit

Claimant

Marks and Spencer plc

Defendant

Flowers Direct Online Limited

Defendant

Procedural Posture

Civil / Interlocutory Application (evidentiary Objection at Trial)

Legal Issues

  1. 1 Whether documents containing expert opinion not prepared for the proceedings are admissible without compliance with CPR Part 35
  2. 2 Whether the court should exclude such evidence on fairness grounds due to late notice

Ratio Decidendi

Documents containing expert opinion not prepared for the purposes of the proceedings and not by a person instructed as an expert in the case are not subject to CPR Part 35 and are admissible, provided they comply with the Civil Evidence Act 1995. There is no sufficient unfairness to exclude the evidence in this case.

Court Disposition

Objection dismissed; evidence admitted.

Orders

  • The evidence listed in the Civil Evidence Act Notice is admitted.