Topalsson GmbH v Rolls-Royce Motorcars Ltd & Anr [2025] EWHC 1584 (KB)
Rolls-Royce applied to set aside an ex parte order, granted by the Senior Master of the King’s Bench Division, which gave effect to a Letter of Request issued by the United States District Court of California.
The Letter of Request sought production of (amongst other things) the software underlying the Rolls-Royce vehicle configurator. That software was the subject of a copyright infringement complaint by Topalsson against Rolls-Royce dealers in the US. Rolls-Royce argued that the order was obtained in breach of the duty of full & frank disclosure; alternatively that the Court ought not to have exercised its discretion under the relevant statute to grant it. The Senior Master declined to set aside the order, instead limiting its scope to the software requests and imposing conditions.
The case is notable for the discussion of whether there has been a material breach of the duty of full & frank disclosure and the use of CPR 3.1(3) to impose conditions on an order giving effect to a Letter of Request.
Kathryn Pickard KC was instructed by Topalsson.