skeleton argument definition

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UK trade mark infringement action—flowchart

UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...

Copyright infringement action—flowchart

Copyright infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Copyright―protectable works • Copyright—subsistence and qualification • Copyright—authorship and ownership • Copyright infringement • Interim and final injunctions—overview • Copyright—permitted acts and defences • Copyright—secondary infringement • How to run an IP dispute • Disclosure scheme—overview • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme Claim preparation and pre-action matters—Precedents • Cease and desist letter—IP infringement Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Claim preparation and pre-action matters—News Analysis • The use of intellectual property insurance Stage 2—letter of claim alleging copyright infringement Letter alleging copyright infringement—Practice Notes • Copyright infringement • How to draft a letter of claim in an IP dispute • Unjustified threats of intellectual property right infringement • Civil and criminal remedies for intellectual property...

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Relief from sanctions—making or opposing an application

Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...

Skeleton Arguments in an appeal—general provisions

Skeleton Arguments in an appeal—general provisions This Practice Note contains guidance to the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. It provides general guidance on skeleton arguments in appeals to the County Court, the High Court and the Court of Appeal. For more information on the scope of this content, see: Civil appeals: general and preliminary considerations—overview. Practitioners may also wish to refer to the following Practice Notes and Checklists: • Skeleton arguments • Starting an appeal in the Court of Appeal—Skeleton arguments • Responding to an appellant's notice—the written statement and respondent's notice—Respondent's skeleton arguments and supplementary skeleton arguments • Conducting an appeal in the County Court or the High Court—Filing skeleton arguments in appeals in the High Court or County Court • Skeleton argument—checklist • Civil contempt proceedings—appeals, purges and discharge • Supreme Court—documents for appeal hearing—on or after 2 December 2024 In addition to all and any relevant CPR provisions, practitioners should also comply with any provisions in...

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Witness statement in opposition to the continuation of an interim prohibitory injunction granted without notice

Witness statement in opposition to the continuation of an interim prohibitory injunction granted without notice Filed on behalf of the Defendant Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST] ] between: [insert name]        Claimant/Applicant and [insert name]        Defendant/Respondent _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the DEFENDANT/RESPONDENT _______________________________________ I, [insert full name of witness] of [insert name of solicitor's firm] which practices at [insert the firm’s address], will...

Standard order 3.2—search order—family proceedings

Standard order 3.2—search order—family proceedings In the Family Court sitting at [Court name] No: [case number] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 OR The Senior Courts Act 1981 ] [DELETE AS APPROPRIATE] The [Marriage OR Civil Partnership OR Relationship] of [applicant name] and [respondent name] After hearing [name the advocate(s) who appeared] After reading the statements and hearing the witnesses specified in the recitals below Search order made by [name of judge] on [date] sitting in private   To [RESPONDENT NAME] of [RESPONDENT ADDRESS] Warning: if you [RESPONDENT NAME] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized Any other person who knows of this order and does anything which helps or permits [RESPONDENT NAME] to breach the terms of this order may be held to be in contempt...

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What are the consequences of an appellant lodging their appeal notice in the Court of Appeal by the relevant time limit but failing to file all of the relevant enclosures with it (as required by the relevant provisions in the CPR) until months after the time limit has expired?

What are the consequences of an appellant lodging their appeal notice in the Court of Appeal by the relevant time limit but failing to file all of the relevant enclosures with it (as required by the relevant provisions in the CPR) until months after the time limit has expired? In addition to the general requirements when filing an appeal notice, as detailed in Practice Note: Starting an appeal—general provisions, appeal notices in the Court of Appeal must be filed in the Civil Appeals Office Registry together with: • three copies of the appeal notice and one additional copy for each of the respondents. These additional copies will be sealed by the court and returned to the appellant for service on the respondent(s) • one copy of the documents set out in CPR PD 52C, para 3(3), including: • the sealed order or tribunal decision being appealed • any order granting or refusing permission to appeal • the judge's or tribunal's reasons for granting or refusing permission...

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Pensions and limitation—High Court Allows Appeal in Philips v National Grid

Pensions analysis: In Philips v National Grid, the High Court (Mr Justice Lavender) allowed an appeal against a decision of the County Court giving summary judgment for the defendant on the basis that the claimant’s claims were out of time. The claimant brought claims in June 2022 for negligence and breach of contract in respect of the defendant’s failure to provide him with an ill-health pension following his dismissal in August 2002 ‘on the grounds of capability due to ill health’, and a continuing failure to obtain a proper medical opinion as to the claimant’s ability to work. The High Court considered that it was arguable that the defendant had a duty to obtain a fresh medical opinion within a reasonable time after a request made by the claimant in 2009. This decision will be of interest to pensions practitioners, but it will also be of interest to those who advise on limitation issues and the potential impact of a continuing breach of duty on time limits. Written by Elizabeth...

Scope of fiduciary duties extended to cover credit brokers

Financial Services analysis: In what circumstances will the court request the disclosure of commission? Adam Finch, litigation partner at Harrison Clark Rickerbys, comments on the effect of the recent Court of Appeal judgment in McWilliam v Norton Finance.