Zino Davidoff SA v M & S Toiletries Ltd [2001] ScotCS 7 (12 January 2001)

Zino Davidoff SA v M & S Toiletries Ltd [2001] ScotCS 7 (12 January 2001)

The records sought are highly relevant to the pursuers' case as pled, as the provenance of the goods is at the heart of the factual dispute. The proper time for considering the recovery of such documents is after the record has been closed. The motion for recovery is granted with a modification to exclude prices at this stage.

Citation
[2001] ScotCS 7
Parties
Pursuer: Zino Davidoff SA; Defender: M & S Toiletries Limited
Jurisdiction
Scotland
Judgment Date
12 January 2001
Procedural Posture
Civil / Interlocutory (motion for Recovery of Documents After Interim Interdict)
Outcome
Motion for recovery of documents granted with modification
Legal Topics
Interim Interdict, Specification of Documents, Parallel Imports, European Economic Area
Intellectual Property Civil Procedure Interim Interdict Specification of Documents Parallel Imports European Economic Area

Case Brief

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Parties

Zino Davidoff SA

Pursuer

M & S Toiletries Limited

Defender

Procedural Posture

Civil / Interlocutory (motion for Recovery of Documents After Interim Interdict)

Legal Issues

  1. 1 Whether the pursuers are entitled to recover documents to establish the provenance of goods allegedly imported from outside the European Economic Area
  2. 2 Whether the records sought are relevant to the case as pled

Ratio Decidendi

The records sought are highly relevant to the pursuers' case as pled, as the provenance of the goods is at the heart of the factual dispute. The proper time for considering the recovery of such documents is after the record has been closed. The motion for recovery is granted with a modification to exclude prices at this stage.

Court Disposition

Motion for recovery of documents granted with modification

Orders

  • Specification of documents granted with the words 'quantity of supply and prices' replaced by 'and quantities of supply'