Disclosure v. Blocking Statutes


The recent decision in Secretary of State for Health and others v Servier Laboratories Ltd and others;; National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234, concerned an appeal by two companies (in unrelated cases but concerning the same issues) that sought relief from a dilemma in which they claimed a court order placed them. The dilemma was as follows: if the companies provided information pursuant to an English court order they risked prosecution in France but, if the companies did not comply with the court order, they risked being held in contempt of court in England.

Facts -

This decision is slightly peculiar because it concerns two appeals, but because of the court’s listing commitments there was no joint hearing. However, both appeals raised similar questions. This article describes the facts of the first appeal in Secretary of State for Health and others v Servier Laboratories Ltd (Servier) and others (the Servier appeal) only by way of illustration.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Latham & Watkins LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.