Topalsson GmbH v Rolls-Royce Motorcars Ltd & Anor (Rev1) [2025] EWHC 1584 (KB) (01 July 2025)

Topalsson GmbH v Rolls-Royce Motorcars Ltd & Anor (Rev1) [2025] EWHC 1584 (KB) (01 July 2025)

Although the Applicant failed to disclose certain material facts, the non-disclosure did not materially mislead the court except regarding the German complaint, which is not a basis to refuse the Letter of Request but justifies imposing conditions. The Letter of Request is granted only as to the first three software-related requests, subject to a protective order and advance payment by the Applicant of the Respondents' costs into court.

Citation
[2025] EWHC 1584 (KB)
Parties
Applicant: TOPALSSON GmbH; First Respondent: Rolls-Royce Motorcars Limited; Second Respondent: Matthew Scott
Jurisdiction
England and Wales
Judgment Date
01 July 2025
Procedural Posture
Application to Set Aside or Vary Order Granting Letter of Request Under Evidence (proceedings in Other Jurisdictions) Act 1975 / Post Order, Contested Application
Outcome
Application to set aside refused; Letter of Request granted in modified form with conditions.
Legal Topics
Letters of Request, Hague Convention on Taking of Evidence Abroad, Full and Frank Disclosure, Protective Orders, Costs Orders, Copyright Infringement, Case Management Powers
Civil Procedure International Judicial Assistance Letters of Request Hague Convention on Taking of Evidence Abroad Full and Frank Disclosure Protective Orders Costs Orders Copyright Infringement +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

TOPALSSON GmbH

Applicant

Rolls-Royce Motorcars Limited

First Respondent

Matthew Scott

Second Respondent

Procedural Posture

Application to Set Aside or Vary Order Granting Letter of Request Under Evidence (proceedings in Other Jurisdictions) Act 1975 / Post Order, Contested Application

Legal Issues

  1. 1 Whether the Applicant failed to make full and frank disclosure in obtaining the Letter of Request
  2. 2 Whether the Letter of Request should be set aside or varied due to non-disclosure or overbreadth
  3. 3 Whether the scope of the Letter of Request is proportionate and necessary

Ratio Decidendi

Although the Applicant failed to disclose certain material facts, the non-disclosure did not materially mislead the court except regarding the German complaint, which is not a basis to refuse the Letter of Request but justifies imposing conditions. The Letter of Request is granted only as to the first three software-related requests, subject to a protective order and advance payment by the Applicant of the Respondents' costs into court.

Court Disposition

Application to set aside refused; Letter of Request granted in modified form with conditions.

Orders

  • Letter of Request given effect only as to first three software-related requests in Attachment A, without alteration.
  • Disclosure to be subject to a protective order mirroring the US Protective Order.