Friday, 24 April 2009

Darren Olivier

Servier Judgment Constipation

Thanks for all the emails requesting information on this judgment. Unfortunately this blog has not received the judgment or word that the judgment has been handed down. Almost every other week we have it on good authority that the decision "will be ready on Friday" and yet not even Good Friday managed to yield a result!

To those new to the discussion, the Servier judgment is an interim relief (no pun intended) decision that has been pending since the first week of February and promised to the public the first week following the hearing. You can catch up through the links posted here.

Now, the story gets more disturbing because practitioners are predicting that the judgment may not even be handed down at all or, if delivered, only very close to the trial date! What use would that be??

One assumes that the judge had every intention of delivering the judgment in the week that he promised and so the delay is mysterious. Is it because the case is a particularly difficult or specialist case in the hands of an acting judge? Is the acting judge overloaded with work or cannot get the support he needs? Is the decision ready but someone else blocking its release?

All comments, which may be posted anonymously, are welcome. And, if the Black Forest tea (right) has managed to ease the passage of the judgment, please send us a copy.

Darren Olivier

Darren Olivier

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