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 has no jurisdiction to make the order because the evidence sought is not for use at trial but is mainly investigatory in nature; the letter of request is not sufficiently focused on trial issues, and the intention is not to obtain evidence for trial as required by the 1975 Act.

Source-derived case information.

Citation
[2018] EWHC 307 (QB)
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 / Hearing of Application to Set Aside Ex Parte Order
Outcome
Order set aside for lack of jurisdiction.
Legal Topics
Letters of Request, Evidence for Foreign Proceedings, Jurisdiction Under Evidence (proceedings in Other Jurisdictions) Act 1975, Scope of Assistance to Foreign Courts, Investigatory Vs. Trial Evidence
Civil Procedure Private International Law Letters of Request Evidence for Foreign Proceedings Jurisdiction Under Evidence (proceedings in Other Jurisdictions) Act 1975 Scope of Assistance to Foreign Courts Investigatory Vs. Trial Evidence

Source-derived case record

Summary, issues, holding and outcome

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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 / Hearing of Application to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether the English court has jurisdiction to make an order for evidence under the 1975 Act in response to a US court's letter of request
  2. 2 Whether the evidence sought is for trial or is investigatory in nature
  3. 3 Whether the order should be set aside for lack of jurisdiction or improper purpose

Ratio Decidendi

The court has no jurisdiction to make the order because the evidence sought is not for use at trial but is mainly investigatory in nature; the letter of request is not sufficiently focused on trial issues, and the intention is not to obtain evidence for trial as required by the 1975 Act.

Court Disposition

Order set aside for lack of jurisdiction.

Orders

  • The order of Master Yoxall dated 3 August 2017 is set aside.