Source: All England Reporter
Publisher Citation: [2012] All ER (D) 22 (Apr)
Neutral Citation: [2012] EWHC 877 (Ch)
Court: Chancery Division
Judge:

Judge Birss QC (Sitting as a judge of the High Court)
Representation Michael Tappin QC (instructed by Fox Williams) for the claimant. 
  Jacqueline Reid (instructed by Kempner & Partners) for the defendant.
Judgment Dates: 3 April 2012

Catchwords

Patent - Practice - Transfer of action - Jurisdiction - Action for infringement of copyright - Action assigned to High Court - Defendant applying for transfer of proceedings to Patents County Court (PCC) - Master holding no jurisdiction to assign action - Whether master having jurisdiction to transfer actions to PCC - CPR 30.5(3), CPR 63.3.

The Case

Patent Practice. The Chancery Division of the High Court held that Chancery masters had jurisdiction to transfer a case to the Patents County Court (PCC) in relation to intellectual property claims properly proceeding in the general Chancery Division. The current practice, in which applications to transfer cases to and from the PCC were handled by judges of the court from which the case was to be transferred, was correct and in accordance with the CPR.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • Cases related to this particular case that are related to, or discuss this caseView related cases