New Supervising Judge for the Business and Property Courts in Wales

Author Ham - Licence CC BY-SA 3.0, Source Wikipedia

 

Jane Lambert

Mr Justice Michael Green has been appointed as the Supervising Judge of the Business and Property Courts in Wales from 1 Oct 2024 for the next years.  He will also sit as Supervising Judge for the Business and Property Courts of the Midlands and Western Circuits for the same period.

The Business and Property Courts in Wales consist of 3 specialist jurisdictions: 

• the Chancery Division, 
• the Circuit Commercial Court in Wales; and 
• the Technology and Construction Court ("TCC"). 

Those Courts are based in Cardiff but Business and Property Court judges also sit in Mold from time to time and other court centres in Wales as and when required.  Mr Justice Michael Green will be assisted by His Honour Judge Jarman KC, the Chancery judge for Wales, and His Honour Judge Keyser KC, the Circuit Commercial Court Judge for Wales.   Judge Jarman also hears Circuit Commercial and TCC cases and Judge Keyser Chancery and TCC ones.  The Supervising and Specialist Circuit Judges are supported by several specialist district judges.   Profiles of the judges of the Business and Property Courts in Wales can be found on the Courts and Tribunals Judiciary website.

Although the Regional Business and Property Courts website makes clear that the Patents Court list remains in London, para 16.1 of the Part 63 Practice Direction states that most other intellectual property claims can be issued and tried in Wales. Having said that, para 16.3 of the same Practice Direction warns that the Caernarfon and Mold hearing centres have no jurisdiction in relation to registered trade marks.

The small claims track of the Intellectual Property Enterprise Court ("IPEC") hears claims for £10,000 or less falling within para 16.1 of the Part 63 Practice Direction in Cardiff (see IPEC Small Claims Track IP Litigation in Wales of 13 July 2019).  That court cannot award interim injunctions but it can grant final injunctions, delivery up of infringing items and on on.

Although CPR 63.2 (2) requires any claim falling within CPR 63.2 (1) to be brought in the Patents Court or the IPEC, para 4 of the Patents Court Guide provides that If the parties so desire, for the purpose of saving time or costs, the Patents Court will sit out of London.  Para 1.6 of the Intellectual Property Enterprise Court Guide contains a similar provision.  To my knowledge, the Patents Court has sat in Manchester and Birmingham and IPEC has also sat in Birmingham but it does not happen very often.

Anyone wishing to discuss this case may call me on 020 7404 5252 during office hours or send me a message through my contact form at all other times.