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French blocking statute unblocked (SoS Health v Servier and National Grid v ABB)

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Published on: 28 October 2013

Published by a LexisNexis Dispute Resolution expert

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Article summary

DR analysis: The Court of Appeal has dismissed appeals against interim orders made for further information under Part 18 and disclosure under Part 31. The appeals were brought on the basis of the risk of criminal prosecution under the ‘French blocking statute’. In dismissing the appeals, the Court of Appeal held it was not mandatory for the court to use Regulation (EC) No 1206/2001 (deals with cooperating when taking evidence in civil or commercial matters). It also found the discretion exercised by the first instance judges had been ‘unimpeachable’.

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