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You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Mayr & Ors v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm) (14 December 2018) URL: https://www.bailii.org/ew/cases/EWHC/Comm/2018/3669.html Cite as: [2018] EWHC 3669 (Comm) |
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and CL-2018-000082 |
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT (QBD)
7 Rolls Buildings Fetter Lane London EC4A 1NL |
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B e f o r e :
____________________
ALEXANDER ![]() ![]() LIFE SCIENCE PARTNERS LIMITED |
Claimants |
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- and - |
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CMS ![]() ![]() ![]() ![]() |
Defendant |
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And Between: |
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SPOKANE INVESTMENTS LIMITED |
Claimant |
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-and- |
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CMS ![]() ![]() ![]() ![]() |
Defendant |
____________________
1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, LondonWC2A 1HP
Tel No: 020 7067 2900 Fax No: 020 7831 6864 DX: 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
Mayr
Claimants
JUSTIN HIGGO for the Spokane Claimant
ROGER STEWART QC and DANIEL SHAPIRO (instructed by Simmons & Simmons) for the Defendant
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
MR. JUSTICE MALES:
"The meeting of experts did not lead to any further agreement on any of the points addressed in the experts' reports. Each expert continues to fully rely on his own report as a true and accurate statement of his own expert opinions on the issues addressed. However, the situation may change after Professor Kilgallon completes his supplemental report on 21 September 2018, in which case this memorandum can be updated accordingly."
"Has not finalised his thinking on this point. He is due to serve a supplemental report by 21 September 2018, by when he anticipates he will have formed aview
as to whether he agrees or disagrees with Mr. Peny on this point. If he disagrees, he will at that point be in a position to set out his reasons and to prepare an updated
version
of this memorandum as per the email from Asserson to Simmons dated 12 September 2018."
"The meeting of experts did not lead to any further agreement on any of the points addressed in the experts' reports. Each expert continues to fully rely on his own report as a true and accurate statement of his own expert opinions on the issues addressed. However, the situation may change after Professor Kilgallon completes his supplemental report on 21 December 2018."
"Professor Kilgallon is considering his response. He is due to serve a supplemental report by 21st December 2018 by when he anticipates he will have formed a settledview
as to whether he agrees or disagrees with Mr. Kilic on this point."
"The only basis on which there will be permission to the Claimants to adduce Turkish generics pharmaceutical expert evidence at trial is the following:
(1) Professor Kilgallon must serve his supplemental expert report, which must set out his response to the points set out in the Joint Statement of Prof. Kilgallon and Mr Kilic, by 4pm on 21 December 2018.
(2) There must then be a further without prejudice meeting of the experts on a date to be agreed between the parties to produce a joint statement identifying the issues on which they agree and disagree with brief reasons for any disagreement.
(3) Mr Kilic must then have sufficient time to produce his supplemental report, by a date to be agreed between the parties.
(4) In the event that there is any dispute about whether there has been compliance with the procedure set out above in sufficient time to ensure the fairness of the trial it will be for the court to determine whether the Claimants should have permission to adduce expert evidence on this topic."
"So far as concerns documents sent to and from my email address, my practice is to diligently file my incoming and outgoing sent emails into sub-folders on Microsoft Outlook, with separate sub-folders for each investmentvehicle
and usually sub-sub-folders to each such sub-folder. In respect of Spokane, I used a sub-folder on my email called 'Spokane', which contained
various
sub-sub-folders, and which was just one of around 40-50 sub-folders I was using at the time."
"The precise process used for our review of the documents contained within the Spokane folder was as follows:
31.1 Mr. Berghoff copied all of the documents within the Spokane email and document folders to a new folder (the 'Upload Folder').
31.2 The reviewer (either Mr. Berghoff or I) opened each document within the Upload Folder and read its contents.
31.3 If the document contained any HNW client related information the document was deleted from the Upload Folder.
31.4 If the content of the document related to Spokane and did not contain any HNW client related information the document was left in the Upload Folder. The Upload Folder was subsequently uploaded to Spokane's e-disclosure platform."
"I do not waive privilege over the content of my discussions with Adv. Klein or his advice, but following our discussions, I understood that I had to bevery
careful about which HNW documents would be provided to Spokane."
"My understanding is that the 'business secrets' that are subject to Article 273 have been interpretedvery
broadly by the Swiss Courts and include information relating to the identification of clients or client's business partners, client's financial data, correspondence with clients, calculations regarding client's investments and any other personal client data. I was advised that this is not a trivial matter and a breach of this provision could lead to fines and/or imprisonment, none of which I take lightly."