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After several months preparation a report was published today which makes recommendations aimed at reducing costs of IP cases and speeding up the process of dispute resolution.
A constant criticism of litigation is that the costs involved in pursuing or defending a claim are disproportionate. The risk of having to pay the other side’s costs in the event of losing an action or even the unrecoverable costs of winning a claim are a barrier to using the courts for dispute resolution particularly for small and medium sized enterprises. It has been estimated that the average cost of taking a case to trial is in the region of £700k (although our experience is that we would not expect the average case to cost that much).
The new proposals contained in a report written by a serving Judge of the Court of Appeal and bearing his name (Jackson) include:
The proposals are welcome as if implemented they will enable us to give greater certainty regarding the exposure to costs of litigation. If such greater certainty is achieved will it mean greater confidence in the court system? What do you think?
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.
The Supreme Court has decided a significant appeal on the Upper Tribunal’s power to discharge or modify restrictive covenants pursuant to section 84(1) of the Law of Property Act (“1925 Act”).
Ambitious funding plans, announced recently by the Prime Minister, have made clear that spending on school buildings is seen as a key element of efforts to stimulate the economy post-COVID.
Specialist IP Counsel
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