Source: All England Reporter
Publisher Citation: [2012] All ER (D) 162 (Mar)
Court: Patents County Court
Judge:

Judge Birss QC
Representation Denise McFarland (instructed by Cobbetts LLP) for the claimant.
  Simon Malynicz (instructed by Simmons & Simmons LLP) for the defendant. 
Judgment Dates: 22 March 2012

Catchwords

Practice - Transfer of action - Action assigned to Patents County Court - Defendant applying for transfer of trade mark proceedings to High Court - Whether action should be transferred - CPR 30.3 - Practice Direction 30, para 9.1 - Patents County Court (Financial Limits) Order 2011, .

The Case

Practice Transfer of action. The Patents County Court, in granting the defendant company, Twentieth Century Fox Film Television, a transfer to the High Court of a claim for infringement of trademark and passing off, held that a small claimant did not have an unfettered right to stay in the Patents County Court, regardless of the nature of the case.

Practice Areas

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