Patent decision

BL number

O/292/05

Concerning rights in

GB 2344369

Hearing Officer

Mr D J Barford

Decision date

2 November 2005

Person(s) or Company(s) involved

ASI Solutions LC v Nupro Limited and Nu-Phalt Limited

Provisions discussed

PA 1977 sections 13, 37, 72

Keywords

Costs, Evidence, Privilege

Related Decisions

None

Summary

The parties agreed to an adjournment - requested by the defendants - of a hearing arranged to consider the issues under sections 13, 37 and 72. The agreement was subject to certain conditions, including payment by Nu-Phalt Limited of the wasted costs of the claimant.

The parties being unable to reach agreement on a figure for wasted costs, it was agreed that this matter should be heard. The claimant requested that correspondence on the matter between the parties labelled 'Without prejudice save as to costs' should be admitted into evidence since the dispute to be heard related to a costs issue. The defendants opposed this request.

The hearing officer distinguished between

(a) the substantive issue of wasted costs, where the correspondence has to be regarded as privileged - insofar as it was made for the purposes of a genuine attempt to settle the dispute over wasted costs - and should not therefore be admitted into evidence, and

(b) the secondary issue of any costs award that the hearing officer might choose to make having reached a decision on wasted costs, where the 'save as to costs' exception applies and the correspondence is not privileged.

Full decision O/292/05 28Kb