Intellectual Property Enterprise Court

Claim No: IP-2021-000080 - [2024] EWHC 396 (IPEC)

Fecha: 04-Mar-2024

The applications

The applications

The Claimants apply:

(a)

for certain paragraphs (and related exhibits) of the trial witness statements of both the First and the Second Defendants to be struck out; and

(b)

for permission to reply to some parts of that evidence if it is not struck out.

The Claimants’ grounds are that parts of the Defendants’ trial evidence:

(a)

improperly exhibit without prejudice correspondence, and purport to refer to the substance of without prejudice correspondence; and/or

(b)

improperly comprise expert evidence; and/or

(c)

are inadmissible and/or irrelevant.

10.

The Defendants seek permission to reply to two paragraphs of the trial witness statement of Mr Giles Cadman (his second Witness Statement). The Defendants’ grounds for doing so are that they regard it as necessary:

(a)

to rebut a misrepresentation in Paragraph 7 of Mr Cadman’s statement; and

(b)

to reply to a mischaracterisation of Mr Gowland.