Jake Fior v The Walt Disney Company Limited [2017] EWHC 2933 (IPEC)

13 November 2017

In a trade mark dispute about ‘ALICE THROUGH THE LOOKING GLASS’ Henry Ward for the Defendants Disney successfully applied to strike out the Claimant’s pleading that relied on without prejudice correspondence. The Judge held that the exceptions to the without prejudice rule in Oceanbulk Shipping & Trading SA v TMT Asia Limited [2010] UKSC 44 were narrow and that the without prejudice rule ought not be lightly eroded.