NIPC Law

NielsF / CC BY-SA (http://creativecommons.org/licenses/by-sa/3.0/) Jane Lambert Queen's Bench Division  (Mr Justice Griffiths)  DSN v Blackpool Football Club Ltd   [2020] EWHC 670 (QB) (20 March 2020) Paragraph 8  of the  Practice Direction - Pre-Action Conduct and Protocols  which I discussed in  Practice Direction - Pre-Action Conduct and Protocols Update   on 12 Oct 2019 advises: "Litigation should be a last resort. As part of a relevant pre-action protocol or this Practice Direction, the parties should consider whether negotiation or some other form of ADR might enable them to settle their dispute without commencing proceedings." Paragraph 9 adds that  p arties should continue to consider the possibility of reaching a settlement at all times, including after proceedings have been started.  Paragraph 10 lists the types of ADR that are available to litigants such as mediation, arbitration, early neutral evalu...

Jane Lambert Patents Court (Mr Justice Birss)  Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) (10 Feb 2020 This was an application by the claimant, Conversant Wireless Licensing SARL  for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in  Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss's judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019]. Judge Hacon refused Conv...

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...