NIPC Law

Author Ham - Licence CC BY-SA 3.0, Source Wikipedia  Jane Lambert Court of Appeal (Lords Justices David Richards, Newey and Arnold)  TBD (Owen Holland) Ltd v Simons and others [2020] EWCA Civ 1182 (8 Sept 2020) This was a judgment on two appeals.  The first appeal was brought by John O'Boyle ("Mr O'Boyle") against an order by His Honour Judge Keyser QC  permitting TBD (Owen Holland) Ltd, ("TBD") to bring committal proceedings for contempt of court against Mr O'Boyle in TBD (Owen Holland) Ltd v Simons  [2019] EWHC 2390.  The second was by TBD against Mr Justice Marcus Smith's order in  TBD (Owen Holland) Ltd v Simons and others   [2020] EWHC 30 (Ch) which I blogged in  Search Orders - TBD (Owen Holland) Ltd v Simons and Others   on 22 Jan 2020.   Both appeals arose from the execution of an order for the search of Mr O'Boyle's home and the premises of his former company G2A Limited ("G2A") on 9 Nov 2018. ...

Author Mohammed Tawsif Salam   Licence CC BY-SA 3.0   Source Wikipedia Chancery Divison (Mr Justice Marcus Smith) TBD (Owen Holland) Ltd v Simons and others [2020] EWHC 30 (Ch) (17 Jan 2020) Jane Lambert In  Anton Piller KG v Manufacturing Processes Ltd. and others   [1976] Ch 55, [1975] EWCA Civ 12, [1976] 1 All ER 779, Lord Denning MR noted that the judges of the Chancery Division had recently been making orders of a kind not known before whereby the plaintiff and his solicitors were authorized to enter the defendant's premises so as to prevent the loss or destruction of evidence, provided that the defendant gave them permission to enter.  Such orders were then made under the inherent jurisdiction of the court and were not covered by the Rules of the Supreme Court so it fell to the Court of Appeal to consider them on principle. It seemed to Lord Denning that such an order could be made by a judge without notice to a defendant, but it...

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 ...

Despite 300 years of political union and until recently a common legislature there remain striking differences between the laws of Scotland and those of the rest of the UK. Occasionally these come to light. A case that highlights them dramatically came before M Wise QC sitting as a temporary (presumably deputy) judge on Friday. This was the sort of case that still comes before chancery interim applications judges from time to time and before Universal Thermosensors Ltd v Hibben [1992] 1 WLR 840 was commonplace. A high tech company engaged in dimensional control and laser scanning services to the oil and gas industries suspected that one of its former directors had made off with some of its trade secrets. It took steps to recover them. Had the case happened in England the employer might have applied for a search order under CPR Part 25 . In Scotland the equivalent procedure appears to be to petition for the appointment of a silk as a "Commissioner" to search for and take al...