The Importance Of Adhering To A Judgment Embargo

In the latest in a line of cases where a judgment embargo has been breached, the Court of Appeal inInterDigital Technology Corporation v Lenovo Group Ltd [2023] EWCA Civ 57considered the approach the courts should take in such situations.

Key takeaways

When a judgment is circulated in draft in accordance with Practice Direction 40E there are strict rules on how it can be dealt with by the parties while it is subject to embargo. Below are five key takeaways from the Interdigital decision which parties to litigation should bear in mind:

1. Understand why the courts provides draft judgments. Draft judgments are circulated for the limited purposes of allowing the parties: (i) to make suggestions for correcting any errors; (ii) to prepare submissions on consequential matters or other draft orders; and (iii) to allow the parties to prepare internally for the publication of the judgment.