Appeal from an order dismissing the application of the defendants made under CPR Part 11 contesting the court’s jurisdiction and seeking a stay of proceedings. In giving permission to appeal Arnold LJ noted that grounds 1-3 raised important issues as to the jurisdiction of the court to determine the validity of foreign patents, relating to the Mocambique principle, derived from British South Africa Co v Companhia de Mocambique [1893] AC 602 and the foreign act of state doctrine.
Judges:
Lady Justice Thirlwall
Lord Justice Baker
And
Lord Justice Birss
Citations:
[2022] EWCA Civ 1462
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – British South Africa Company v Companhia de Mocambique HL 8-Sep-1893
Two companies, one Portuguese, the other British and controlled by Cecil Rhodes, were in dispute about a large territory called Manica. The Portuguese company complained that they owned lands and mineral rights in Manica yet the British company had . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 11 November 2022; Ref: scu.682585
