The defendants brought a Rule 21 motion to strike a claim arising from litigation related to the Patented Medicines (Notice of Compliance) Regulations.
The court adjourned the motion pending the outcome of a related appeal before the Court of Appeal involving the same underlying facts and legal issues.
The judge held that the appellate decision would likely have a significant impact on the issues in the motion, particularly regarding the availability of ancillary remedies in PM(NOC) Regulations litigation.
The adjournment was justified on grounds of judicial economy, efficiency, and the avoidance of potentially duplicative proceedings.
The court concluded that the short delay would not cause real prejudice and any financial impact could be compensated by interest.
