NIPC Law

Manchester Civil Justice Centre Author Skip88  Reproduced with kind permission of the author Wikipedia   Jane Lambert The Practice Direction - Pre-Action Conduct and Protocol s has been updated with effect from 9 Oct 2019.  It was last updated on 29 April 2015 and I wrote about the changes in What to do about the new Practice Direction - Pre-Action Conduct on 6 May 2015.   I explained the importance of the Practice Direction in Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through   2 Aug 2017. The updated Practice Direction contains the following paragraphs: Title Number Introduction Para. 1 Objectives of pre-action conduct and protocols Para. 3 Proportionality Para. 4 Steps before issuing a claim at court Para. 6 Experts Para. 7 Settlement and ADR Para. 8 Stocktake and list of issues Para. 12 Compliance with this practice direction and the protocols Para. 13 Limitation Para. 17 Prot...

Jane Lambert On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in  Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through   2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right. If you have carried out an IP audit you should have a strategy in place for just such a contingency and you will have an insurance funded legal team ready to advise and represent you.  If you have a case they should be able to see off the challenge with a well-reasoned and documented response. If, however, you are in the wrong they will advise you of that reality and suggest ways of extricating yourself from the dispute as ...