The Courts
The Court system in England and Wales consists of the High Court and the County Court. English & Welsh solicitors are not able to directly conduct legal actions in Northern Ireland or Scotland because the legal system is slightly different.
The Court system in England & Wales is administered by Her Majesty's Court Service, which is an exectuve agency of the Department of Constitutional Affairs. The DCA's website has a useful section about the legal system in general terms, including links to the sites for the Northern Ireland Court Service and the Scottish Courts.
Choice of Court
If you are taking action against an infringer then you may have a choice at to which Court to use. This is not a simple decision but will be influenced by a number of factors, including:
- The weight and complexity of facts and evidence
- Importance of the case
- Costs
- Timescales
High Court
Most IP litigation in England & Wales takes place in the High Court.
District Judges (or Masters if in London) hear matters that arise during the course of a High Court action before the trial.
A Judge will hear important matters, such as:
- Applications for injunctions
- Trials
- Appeals from the decision of a Master/District Judge
A Judge hears a case on his or her own and there is no right to a trial by jury, except in defamation cases.
The Court of Appeal hears the appeals from a decision of a Judge. This comprises, usually, three senior Judges known as Lord Justices.
There may be a further, final, appeal to the House of Lords; however, there will have to be a strong public importance element to the case. If the House of Lords hear an appeal, the Court comprises of five Law Lords.
At any stage of an action, the Court may refer the case to the European Court of Justice or the European Court of First Instance on matters of EC law.
County Court
The County Court has limited jurisdiction to hear IP actions. However, the Patents County Court has special jurisdiction to hear patents, trade mark and design cases. The Patents County Court is intended to be a faster and more straightforward alternative to the Patents Court.
Once an action is started in the Patents County Court it is assigned to a Judge who hears all minor matters before the trial, as well as the trial itself.
The Judge is also able to deal with related IP issues, provided that the core of the action relates to patents, trade marks or designs.
The Court of Appeal hears appeals from the Patents County Court Judge. As with the High Court, there may be a final appeal to the House of Lords, or reference to the European Courts where relevant.
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