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Intellectual property [2026] EWHC 1113 (Ch)

Merck KGaA v Merck Sharp & Dohme LLC & Ors

Merck KGaA v Merck Sharp & Dohme LLC & Ors [2026] EWHC 1113 (Ch) (15 May 2026)

The court held that MSD remained bound by the confidentiality agreement and could not use the disclosed documents for collateral purposes without a targeted application.

  • Confidentiality of disclosed documents
  • Collateral use of documents
  • Open justice principle
  • Contractual confidentiality agreements
  • Cpr 31.22
  • Trade secrets
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Intellectual property law

Saint-Gobain Adfors SAS v 3M Innovative Properties Company

The CT Scan Files were referred to at trial within the meaning of CPR 31.22(1)(a), so SG is not restricted from using them in other proceedings. No order should be made under CPR 31.22(2) to prohibit such use, as 3M did not act promptly, any confidentiality as between the parties has been lost, and 3M's concerns do not amount to very good reasons to override the principle of open justice.

  • Patent validity
  • Confidentiality of disclosed documents
  • Use of disclosed documents in subsequent proceedings
  • Cpr 31.22
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Intellectual property [2023] EWHC 2769 (Pat)

Saint-Gobain Adfors SAS v 3M Innovative Properties Company

Saint-Gobain Adfors SAS v 3M Innovative Properties Company [2023] EWHC 2769 (Pat) (08 November 2023)

The court held that CT scan files of disclosed particles were referred to at trial under CPR 31.22(1)(a), but refused to restrict their use under CPR 31.22(2).

  • Patent validity
  • Disclosure of documents
  • Confidentiality orders
  • Use of disclosed documents in subsequent proceedings
  • Cpr 31.22
  • Cpr-31-22
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Civil procedure [2020] EWHC 3659 (Comm)

Libyan Investment Authority v Societe Generale SA & Ors

Libyan Investment Authority v Societe Generale SA & Ors [2020] EWHC 3659 (Comm) (18 December 2020)

The High Court granted the Libyan Investment Authority permission under CPR 31.22 to use 30 documents from earlier proceedings in separate Credit Suisse litigation.

  • Collateral use of disclosed documents
  • Cpr 31.22
  • Fraud
  • Bribery
  • Limitation
  • Confidentiality
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Civil procedure [2020] EWHC 3253 (Comm)

PJSC National Bank Trust & Anor v Boris Mints & Ors

PJSC National Bank Trust & Anor v Boris Mints & Ors [2020] EWHC 3253 (Comm) (25 November 2020)

The Commercial Court released the claimants from an undertaking so they could disclose asset disclosure material to a Russian investigator under a Russian court order.

  • Release of undertakings
  • Worldwide freezing orders
  • Asset disclosure
  • Collateral use of disclosed documents
  • International judicial cooperation
  • Cpr 31.22
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Civil procedure

Grosvenor Chemicals Ltd & Ors v UPL Europe Ltd & Ors

The High Court refused permission to bring committal proceedings over a disputed use of disclosed documents, finding no strong prima facie case of deliberate or reckless contempt.

  • Use of disclosed documents
  • Cpr 31.22
  • Committal for contempt
  • Collateral purpose rule
  • Disclosure obligations
  • Cpr-31-22
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Civil procedure [2017] EWHC 1893 (Ch)

Grosvenor Chemicals Ltd & Ors v UPL Europe Ltd & Ors

Grosvenor Chemicals Ltd & Ors v UPL Europe Ltd & Ors [2017] EWHC 1893 (Ch) (26 July 2017)

Birss J refused permission to bring committal proceedings, holding that a letter to a third party was a technical CPR 31.22 breach but not deliberate, reckless, or in the public interest to pursue.

  • Use of disclosed documents
  • Cpr 31.22
  • Committal for contempt
  • Interference with administration of justice
  • Cpr-31-22
  • Disclosure
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Civil procedure [2015] EWHC 266 (Comm)

Rawlinson & Hunter Trustees SA (Trustee of the Tchenguiz Discretionary Trust) v Serious Fraud Office

Rawlinson & Hunter Trustees SA (Trustee of the Tchenguiz Discretionary Trust) v Serious Fraud Office [2015] EWHC 266 (Comm) (10 February 2015)

Commercial Court decision refusing collateral-use permissions for disclosed documents and witness statements sought for Guernsey proceedings, while rejecting an abuse-of-process strike-out request.

  • Collateral use of disclosed documents
  • Cpr 31.22
  • Cpr 32.12
  • Abuse of process
  • Disclosure
  • Witness statements
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Civil procedure

Tchenguiz & Ors v The Serious Fraud Office

The Commercial Court partly granted and partly refused permission to reuse disclosed documents, allowing legal advice use but refusing deployment in Guernsey proceedings.

  • Collateral use of disclosed documents
  • Mutual legal assistance
  • Confidentiality of evidence
  • Cpr 31.22
  • Admission of fresh evidence on appeal
  • Collateral-use-of-documents
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.