NIPC Law

Author Thewub   Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Mellor) Anan Kasei Co. Ltd and another v Neo Chemicals & Oxides (Europe) Ltd and others [2021] EWHC 1972 (Pat) (13 July 2021) Much of the expense of civil litigation in England and Wales arises from disclosure and inspection of documents.  "Disclosure" means stating whether a document exists or has existed.  With a number of exceptions.  CPR 31.3 (1) entitles a party to whom a document has been disclosed to inspect that document. Unless the court orders otherwise, each party must disclose the documents on which it relies and the documents that adversely affect its own case, adversely affect or support another party’s case or documents that are required to be disclosed by a relevant practice direction (see  CPR 31.5 (1) (b) and CPR 31.6 ).  "Document" for these purposes means "anything in which information of any descript...

Jane Lambert Intellectual Property Enterprise Court (Judge Melissa Clarke)  Thomas v Luv One Luv All Promotions Ltd and another [2020] EWHC 1565 (IPEC) (17 June 2020) This was an application to strike out part of the defence to the claimant's action for passing off and transfer or cancellation of the second defendant's trade mark registration on grounds of cause of action estoppel, issue estoppel, the principle in Henderson v Henderson, and abuse of process or, alternatively, summary judgment under Part 24 of the Civil Procedure Rules.  The application was issued on 28 Feb 2010 which was a few days before the case management conference of 6 March 2020 at which  several issues were ordered to be tried .  The application came on before Her Honour Judge Melissa Clarke who considered it on paper at the parties' request. The Facts Between 1986 and 2016 the claimant and the second defendant had been members of a band called LOVE INJECTION or LUV ...