Barclay Pharmaceuticals Ltd v OPD Laboratories Ltd

Practice – Pre-trial or post-judgment relief. The claimant pharmaceutical company brought a claim against the defendant laboratories in relation to the repackaging of imported pharmaceutical products from abroad without the relevant license. The defendant put in a defence regarding the involvement of a sister company. The Queen's Bench Division held that on the evidence it was arguable that some of the pharmaceutical products were invoiced and supplied to the sister company, which were then delivered by the claimant to the defendant laboratories for repackaging. The court gave the defendant conditional leave to defend.

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