NIPC Law

Author Basher  Eyre Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Patents Court (Campbell Forsyth)  Safestand Ltd v Weston Homes Plc and others [2023] EWHC 1098 (Pat) (10  May 2023) A fundamental principle of civil litigation in England and Wales is that each party discloses to the other(s) any and all documents in his or her possession, custody or control that relate(s) to an issue in the proceedings.  An important exception is that documents that are prepared for the purpose of litigation do not have to be disclosed because they are protected by legal professional privilege.  The concept of "legal professional privilege" is explained conveniently by this  anonymous article dated 30 Aug 2022 on the Law Society website. Legal Professional Privilege and Experiments In patent proceedings, parties often carry out experiments to prove or disprove facts that may be in issue.  Those experiments are covered by legal professional ...

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...