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Message
From: Rodric Williams:
Sent: 09/11/2017 09:
To: Jane MacLeod. Melanie Corfield [7 i]; Mark
Mark R Davies I; Thomas P
ce: Andrew Parsons I; Amy Prime [-
Subject: Group Litigation - Judgment on Trial Listing
Attachments: Bates trial date Nov 17 (2) (2).doc
JUDGMENT EMBARGOED UNTIL 10 NOVEMBER 2017 at 1015am
All,
I attach the draft judgment of Mr Justice Fraser, which deals primarily with listing the Common Issues trial for November
2018.
The judgment is embargoed until 1015am on Friday 10 November 2017, after which it becomes a public
document. Taking action other than internally on the judgment before then may be a contempt of court. DO NOT
therefore take any action on the judgment without first discussing this with me.
Mr Justice Fraser has used the judgment to reiterate the comments he made at the 19 October 2017 CMC that the
litigation needs to be progressed in a more timely, cost-effective and proportionate manner than it has to date, and that
this will require greater cooperation between the parties. He considers the failure of the parties to do so to date lies
“more or less equally on both sides” (see para. 20).
The parties’ barristers have submitted to the court their lists of “typing corrections and other obvious errors”. These
may change the judgment slightly before it is handed down in its final form, but should not change the substance of the
judgment (although rather surprisingly, the Claimant’s counsel Patrick Green QC has asked for the removal of the “more
or less equally” phrase).
Main Message
The tight timetable set for trial in November 2018 will not be departed from, and the parties (through their legal
advisors) will need to cooperate to achieve this. Failure to do so “will result in draconian costs orders” (i.e. the Court will
order payment of substantial costs to the other side).
What this Means — Immediate
The judgment will become public once the embargo ends at 1015am on Friday 10 November 2017. I do not think the
judgment should cause us to change our existing lines on the case, but defer to Mark/Mel in this regard. Please let me
know if you would like to discuss this.
What this Means — Longer Term
We must ensure that we not only cooperate with Freeths to promote the expeditious resolution of the case (which we
have been trying to do), but that we are also seen to be doing so. Doing otherwise will irritate and alienate Mr Justice
Fraser, who will be presiding over the trial(s) in this case. This must be kept firmly in mind as we plan and resource the
next 12 months of this case.
Please let me know if you require anything further.
Rod
Rodric Williams
Head of Legal - Dispute Resolution & Brand
20 Finsbury Street
London EC2Y 949
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