Appointments to the Court of Appeal

By Aurelien Guichard from London, United Kingdom - Royal Courts of Justice,
CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curi d=62065074

Jane Lambert

We should like to congratulate Mr Justice Birss and Mr Justice Nugee on their elevation to the Court of Appeal (see Courts and Tribunal Judiciary Appointment of Lord and Lady Justices of Appeal 31 July 2020). 

Since Lord Justice Arnold's elevation, Mr Justice Birss has been the presiding judge of the Patents Court. We can expect a new appointment to replace him.  I have no inside information but I have a shrewd idea who that is likely to be. If I am right it will come as a surprise to many people. But I'm not saying.

Mr Justice Nugee also sits in the Patents Court from time to time.   The last time I mentioned him was in my article on freezing injunctions (see Jane Lambert Freezing Injunctions - Organic Grape Spirit Ltd v Nueva IQT, SL 29 July 2020 NIPC Law).  The Court of Appeal seemed to endorse his view that

"Genuinely trying to develop a new business is not dissipatory even if the business may be imprudent, even if the business plan may be sketchy and somewhat shaky. Trying to develop a business is not the same as avoiding a judgment."

With Lord Justice Floyd and Lord Justice Arnold already in the Court of Appeal, I cannot think of a time when there have been more intellectual property judges in the highest court of England and Wales.   That can only be good for British innovation, enterprise and creativity.

There have, of course, been other appointments to the Court of Appeal from the other Divisions of the High Court and I congratulate them too,

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