13 October 2012

Patents County Court: More on the Small Claims Track

Following on from my article "Patents County Court - the New Small Claims Track Rules" of 20 Sept I can now report that the Part 63 Practice Direction has been amended and that we now have a new "Guide to the Patents County Court Small Claims Track."

A new paragraph 32 has been added to the Part 63 Practice Direction.   It provides as follows:
"Small claims
32.1    This Practice Direction shall apply to a claim allocated to the small claims track in a patents county court to the extent provided by paragraphs 32.2 and 32.3.
32.2    The following paragraphs shall apply –
(1) in Section II, 16.1, 17.1, 17.2, 19.1, 20.1, 21.1 to 21.5, 22.1, 23.1, 24.1;
(2) in Section IV, 26.1, 26.2;
(3) in Section V, 30.1, 31.1.
32.3 No other provision in this Practice Direction shall apply."
The Guide pretty well confirms what I had anticipated in my article of 20 Sept.  However, it contains two titbits of information that were new to me.   The first is that hearings will take place in the Thomas More Building in the Royal Courts of Justice and not in the Rolls Building.   The second is that cases will come on before District Judges Janet Lambert, Melissa Clarke and Charlotte Hart and Deputy District Judge Nicola Solomon and Richard Vary. That's a lot of judges which suggests that that the court expects a lot of work. Both of the deputy district judges are acknowledged intellectual property specialists.

Finally, I should mention that I gave a presentation on the new court to Sheffield Inventors Group on 1 Oct which I shall repeat to Liverpool Inventors Club at the offices QualitySolicitors Jackson & Canter at 88 Church Street, Liverpool, L1 3AY on Monday 29 Oct 2012 at 17:00.  The boardroom will take only 15 or so guests so email or call Michael Sandys on 0151 282 1700. I will try to get Michael to obtain CPD accreditation for the talk from the SRA and IPReg and I will ask the BSB but no promises mind.   You will also find a reading list with links to all the materials that I have been able to assemble on the small claims track at the end of my article of 20 Sept 2012 including my latest article "How to bring a Small Claim in the Patents County Court" of 12 Oct 2012.

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