Application of the term 'without prejudice' (Record no. 74974)

MARC details
000 -LEADER
fixed length control field 01878cab a2200229 4500
001 - CONTROL NUMBER
control field ABS68824
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050324n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u129157
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Brewer, G.
245 ## - TITLE STATEMENT
Title Application of the term 'without prejudice'
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 ## - SERIES STATEMENT
Series statement Contract Journal
Volume/sequential designation 427(6514) 2 March 2005, 24(1)
520 ## - SUMMARY, ETC.
Summary, etc. Discusses "Schering Corporation v Cipla Ltd and another" ([2004] EWHC 2587 (Ch), Times 2 December 2004) which looked at the application of the term without prejudice, when applied to documents. Cipla (C) had written a letter to Schering (S), marked without prejudice, which stated that it wished to launch a product. C was aware of S's patent on a related product and did not want to embark on confrontation without seeking a commercial solution. S did not respond and instigated HC proceedings, alleging infringement of its patent based on the contents of the letter. C said the contents of the letter were privileged and S had no basis for its HC proceedings. Court decided the main point was to determine whether or not the communication was intended to be part of or to promote negotiations. Concluded that it was a negotiating document and was covered by the without prejudice privilege. S was not entitled to refer to it as the particulars of an infringement and the case was dismissed. Concludes documents prepared for the purpose of negotiation, whether or not labelled without prejudice, may be privileged from disclosure in subsequent proceedings.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCHERING CORPORATION V CIPLA LTD AND ANOTHER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WITHOUT PREJUDICE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NEGOTIATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element STANDRIN AND ANOTHER V YENTON MINSTER HOLMES LTD AND OTHERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CUTTS V HEAD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 24/03/2005   ABS68824 129157-1001 06/08/2019 1 06/08/2019 Journal article