NIPC News

Manchester Civil Justice Centre, Home of  the Small Claims Track Author Skip88   Public Domain   Source  Wikimedia Commons   Jane Lambert Yesterday, HM Courts and Tribunal Service published a Guide to the Intellectual Property Enterprise Court Small Claims Track  and a glossary of  Common legal terms used in the Intellectual Property Enterprise Court .   It aims to help users and potential users of the Intellectual Property Enterprise Court ("IPEC") small claims track by giving practical tips.  Although it is primarily intended for litigants in person, intellectual property practitioners will also find it useful.  The guide is divided into the following sections: Introduction About the IPEC and the Small Claims Track How to decide if a claim is suitable for the IPEC Small Claims Trac k What to expect in your dealings with the court     What to do before issuing a claim     The procedure for claims in the IPEC Sma...

Jane Lambert "Litigation should be a last resort" begins para 8 of Practice Direction - Pre-Action Conduct and Protocols which both sides to a dispute are required to follow. The paragraph continues: "As part of a relevant pre-action protocol or this Practice Direction, the parties should consider whether negotiation or some other form of ADR might enable them to settle their dispute without commencing proceedings."  The obligation to consider ways of settling a dispute is not a once-and-for-all step but continues even after a claim form has been issued. What Paragraph 8 means in Practice When I read that paragraph to clients they often have three questions: What is meant by "ADR"? How do I get some of this ADR? and What happens if I don't consider ADR? What is meant by ADR? "ADR" stands for "alternative dispute resolution" which is defined in the Glossary to the Civil Procedure Rules as "Col...