NIPC Law

The Rolls Building Author Basher Eyre   Licence CC BY-SA  2.0   Source Wikipedia Rolls Bldg   Jane Lambert Patents Court (HH Judge Hacon)  Permavent Ltd and another v Maki n [2020] EWHC 3495 (Pat) (17 Dec 2020) A Tomlin order is a way of settling litigation.  It consists of a settlement agreement that is confidential to the parties annexed to an order staying the proceedings.  If a party fails to abide by the agreement, the order permits the other party to apply to the court to enforce it without bringing a new action,  It is called a Tomlin order because it was first made by Mr Justice Tomlin in Dashwood v Dashwood   [1927] WN 276, 64 LJNC 431, 71 Sol Jo 911 (1 Nov1927).  Mr Justice Tomlin subsequently issued a practice notice for such orders which is now contained in CPR 40.6  and para 3 of the Part 40B Practice Direction, In  Permavent Ltd and another v Makin [2020] EWHC 3495 (Pat) (17 Dec 2020) a dispute between the claim...

Jane Lambert Patent Court (Mr Justice Birss)  Unwired Planet International Ltd v Huawei Technologies Co. Ltd and Another [2017] EWHC 3083 (Pat) (30 Nov 2017)  On 5 April 2017 Mr Justice Birss delivered two judgments. One contained the judge's reasoning in full which was seen only by the parties' lawyers while the other was redacted.  I discussed the redacted version in FRAND   8 Oct 2017. The problem with redactions, as Mr Justice Birss observed at paragraph [23] of his judgment in  Unwired Planet International Ltd v Huawei Technologies Co. Ltd and another [2017] EWHC 3083 (Pat) (30 Nov 2017) is that "unless the public can see and understand a judge's reasons they cannot hold the courts to account."  Since different parties to the litigation had requested the removal of different parts of the full judgment, his lordship convened that hearing with the parties' solicitors to give directions about what should be published and what s...