Allergan, Inc & Anor v Amazon Medica & Anor [2018] EWHC 307 (QB) (21 February 2018)

Allergan, Inc & Anor v Amazon Medica & Anor [2018] EWHC 307 (QB) (21 February 2018)

The court found the Letter of Request was fundamentally investigatory and not for evidence at trial. The evidence sought was not clearly relevant to issues for trial or relief pleaded, and the intention was not to obtain evidence for use at trial. The court therefore had no jurisdiction to grant the order under the 1975 Act.

Citation
[2018] EWHC 307
Parties
Applicant: Mr Amerjeet Mudan; Applicant: Mrs Tajinder Mudan; Applicant: Mudan Pharma Ltd; Applicant: Rose Healthcare Ltd; Respondent: Allergan, Inc.; Respondent: Allergan USA, Inc.
Jurisdiction
England and Wales
Judgment Date
21 February 2018
Procedural Posture
Application to Set Aside Order for Evidence Under Evidence (proceedings in Other Jurisdictions) Act 1975 / Final Hearing Before High Court
Outcome
Order set aside; application granted
Legal Topics
Letters of Request, Evidence (proceedings in Other Jurisdictions) Act 1975, Jurisdiction, Discovery, Witness Examination
Civil Procedure International Judicial Assistance Letters of Request Evidence (proceedings in Other Jurisdictions) Act 1975 Jurisdiction Discovery Witness Examination

Case Brief

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Parties

Mr Amerjeet Mudan

Applicant

Mrs Tajinder Mudan

Applicant

Mudan Pharma Ltd

Applicant

Rose Healthcare Ltd

Applicant

Allergan, Inc.

Respondent

Allergan USA, Inc.

Respondent

Procedural Posture

Application to Set Aside Order for Evidence Under Evidence (proceedings in Other Jurisdictions) Act 1975 / Final Hearing Before High Court

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant the order for evidence sought under the 1975 Act
  2. 2 Whether the Letter of Request is investigatory or for evidence at trial
  3. 3 Whether the scope of oral and documentary evidence sought is permissible under English law

Ratio Decidendi

The court found the Letter of Request was fundamentally investigatory and not for evidence at trial. The evidence sought was not clearly relevant to issues for trial or relief pleaded, and the intention was not to obtain evidence for use at trial. The court therefore had no jurisdiction to grant the order under the 1975 Act.

Court Disposition

Order set aside; application granted

Orders

  • The order of Master Yoxall dated 3 August 2017 is set aside.
  • No order for oral or documentary evidence under the Evidence (Proceedings in Other Jurisdictions) Act 1975 is made.