Warren J discussed the importance of the financial health of the parties to a case when considering a transfer to the Chancery Division, and referring to Comic Enterprises said: ‘Ms. Lawrence submits that the financial position of the parties is determinative. I think she gets that proposition in the sense that when an SME wants the Patents County Court and is poor, the factor is decisive and that was indeed what Judge Birss said. If you have a very poor defendant, SME or individual who wants a case in the Patents County Court, that is a decisive factor. For my part I would not say it was decisive but it is obviously an enormously important factor and may overwhelm others.
But even Judge Birss did not mean to be as prescriptive as that. For him, as is obviously correct, the overriding matter is the justice of the case and access to justice. It does not follow, and it is illogical, that just because a party can afford High Court litigation means that the case must be in the High Court (other factors pointing in that direction) especially if the party is an SME or individual.’
Judges:
Warren J
Citations:
[2012] EWHC 2097 Pat
Jurisdiction:
England and Wales
Citing:
Cited – Comic Enterprises Ltd v Twentieth Century Fox Film Corp PCC 22-Mar-2012
Birss QC HHJ explained his comments in ALK-Abello regarding the criteria for transerring a case to Chancery Division: ’21. This case is one in which access to justice for SMEs is raised squarely. It is the key element of Miss McFarland’s submissions . .
Cited by:
Cited – 77 Ltd v Ordnance Survey Ltd and Others IPEC 15-Jun-2017
The court heard an application to transfer the case to the Chancery Division.
Held: Given the different levels of resources available to the parties, a transfer was refused. . .
See Also – Environmental Recycling Technologies Plc v Upcycle Holdings Ltd PCC 5-Feb-2013
Challenge to validity o a patent. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 09 May 2022; Ref: scu.588984