BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY LIST (ChD)
SHORTER TRIALS SCHEME
7 Rolls Building Fetter Lane, London EC4A 1NL |
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B e f o r e :
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(1) DKH RETAIL LIMITED (2) C-RETAIL LIMITED (3) SUPERGROUP INTERNET LIMITED (4) SUPERDRY PLC |
Claimants |
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CITY FOOTBALL GROUP LIMITED |
Defendant |
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2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. DX 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
MR MICHAEL SILVERLEAF KC (instructed by Gateley Legal) for the Defendant
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Crown Copyright ©
MR JUSTICE MILES :
"The following documents have been referred to in addition to the documents specifically referred to and exhibited hereto."
The relevant document is "Contract between City Football Group and Asahi." The document has not been disclosed by the defendant in the proceedings.
"Once the contract between [the defendant] and the sponsor has been signed, the next stage would be induction and planning."
Under the heading "Activation of the sponsorship between Manchester City and Asahi", Mr Way states at paragraph 13:
"I am familiar with the sponsorship between Manchester City and Asahi. It sat within my roster of Europe and Africa partners when I was head of partnership marketing for Europe and Africa."
"Once it is shown or admitted that a document is mentioned in a … witness statement … the onus is on the party against whom the application is made to produce it unless he can show good cause why he should not. As commented in one case, if a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, the court should not put difficulties in the way of inspection, subject to questions of privilege."
Paragraph 9-06 states:
"Where a document has been mentioned, inspection can be resisted not only on grounds of privilege, but also on the more general grounds in CPR 31.3 such as that the document is not within a party's control or that it would be disproportionate to the issues in the case to permit or order inspection."
"A trial witness statement must set out only matters of fact of which the witness has personal knowledge that are relevant to the case, and must identify by list what documents, if any, the witness has referred to or been referred to for the purpose of providing the evidence set out in their trial witness statement. The requirement to identify documents the witness has referred to or been referred to does not affect any privilege that may exist in relation to any of those documents."
"A trial witness statement should refer to documents, if at all, only where necessary. It will generally not be necessary for a trial witness statement to refer to documents beyond providing a list to comply with paragraph 3.2 of Practice Direction 57AC."
A later part of the same paragraph says:
"Where a trial witness statement does refer to a document, it should not exhibit the document but should give a reference enabling it to be identified by the parties, unless it is a document being produced or disclosed by the witness that has not been disclosed in the proceedings."
"If and insofar as any party wishes to seek disclosure from another party of particular documents or classes of documents or of documents relating to a particular issue, they must write to the other party to make such requests not less than 14 days in advance of the CMC and, absent an agreement regarding the extent of the disclosure to be given, raise such requests at the CMC."