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FRIDAY, 12 FEBRUARY 2010
UK Company Names Tribunal issues guidance on "without prejudice"
The Company Names Tribunal in the United Kingdom has published this practice notice which states that "without prejudice" material may not be used in proceedings before the company names adjudicator, before whom objections may be filed if a company's name is (i) the same as a name associated with the objector in which he has goodwill or (ii) sufficiently similar that it would be likely to mislead.
The notice says that where, the parties have legal representation, it's for the legal representatives to submit that documents should be excluded as being "without prejudice"; the adjudicator will not act on his own motion. If an application is defended and one or both parties lack legal representation, an adjudicator will consider whether material should be excluded as being "without prejudice" if he considers that the matter becomes material to the proceedings. The parties will be advised of the adjudicator's view; they can write to challenge it and, if that doesn't succeed, they can ask for an interlocutory hearing. If an adjudicator has considered "without prejudice" material, he must disqualify himself from making the substantive decision.
Posted by: Blog Administrator @ 10.53
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