Source: All England Reporter
Publisher Citation: [2005] All ER (D) 221 (Nov)
Neutral Citation: [2005] EWCA Civ 1357
Court: Court of Appeal, Civil Division

Mummery, Jacob and Neuberger LJJ

Representation Richard Miller QC (instructed by Bird & Bird) for the claimant.
  Guy Burkill QC (instructed by Wragge & Co LLP) for the defendant.
Judgment Dates: 17 November 2005


Patent - Appeal to Court of Appeal - Application for leave to appeal - Second appeals - Whether second appeals provisions applying to proposed appeal - , s 97(3) - , s 55.

The Case

The 'second appeals' provisions in s55 of the and CPR 52.13 did not apply to appeals under s97(3) of the . Section 55 of the 1999 Act had not impliedly repealed or amended the earlier s97(3) or otherwise amended its scope.

Practice Areas

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