Microtechnologies, LLC v Autonomy, Inc (aka HP Autonomy) & Anor [2017] EWHC 613 (QB) (16 February 2017)

Microtechnologies, LLC v Autonomy, Inc (aka HP Autonomy) & Anor [2017] EWHC 613 (QB) (16 February 2017)

The court exercised its discretion to set the terms of the examination: documents to be provided 28 days in advance; no requirement for a further list of questions beyond the detailed topics in the US letter of request, with certain clarifications; cross-examination (including leading questions) permitted as expressly requested by the US court; no restriction imposed on the use of evidence beyond existing US protective orders; and costs to be assessed in detail with interim payments ordered.

Citation
[2017] EWHC 613 (QB)
Parties
Plaintiff: Microtechnologies, LLC; Defendant and Plaintiff in Counterclaim/appellant: Autonomy, Inc (a/k/a HP Autonomy); Defendant and Plaintiff in Counterclaim/appellant: Autonomy Systems Limited; Non Party/respondent: Mr. Sushovan Tareque Hussain
Jurisdiction
England and Wales
Judgment Date
16 February 2017
Procedural Posture
Application Under Evidence (proceedings in Other Jurisdictions) Act 1975 and CPR Part 34 / Post Judgment Consequential Matters on Appeal From Senior Master
Outcome
Appeal allowed; consequential orders made on terms of examination and costs.
Legal Topics
Taking of Evidence for Foreign Proceedings, Scope and Conduct of Witness Examination, Cross Examination in Foreign Evidence Requests, Restrictions on Use of Evidence, Costs Orders
Civil Procedure International Judicial Assistance Taking of Evidence for Foreign Proceedings Scope and Conduct of Witness Examination Cross Examination in Foreign Evidence Requests Restrictions on Use of Evidence Costs Orders

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Parties

Microtechnologies, LLC

Plaintiff

Autonomy, Inc (a/k/a HP Autonomy)

Defendant and Plaintiff in Counterclaim/appellant

Autonomy Systems Limited

Defendant and Plaintiff in Counterclaim/appellant

Mr. Sushovan Tareque Hussain

Non Party/respondent

Procedural Posture

Application Under Evidence (proceedings in Other Jurisdictions) Act 1975 and CPR Part 34 / Post Judgment Consequential Matters on Appeal From Senior Master

Legal Issues

  1. 1 Timing for provision of examination documents
  2. 2 Requirement for advance list of questions
  3. 3 Permissibility of cross-examination/leading questions

Ratio Decidendi

The court exercised its discretion to set the terms of the examination: documents to be provided 28 days in advance; no requirement for a further list of questions beyond the detailed topics in the US letter of request, with certain clarifications; cross-examination (including leading questions) permitted as expressly requested by the US court; no restriction imposed on the use of evidence beyond existing US protective orders; and costs to be assessed in detail with interim payments ordered.

Court Disposition

Appeal allowed; consequential orders made on terms of examination and costs.

Orders

  • Documents for examination to be provided 28 days in advance to Mr. Hussain.
  • Questions at examination limited to topics in Annex A of US letter of request, with clarifications on date ranges, meetings, and communications.