UK: New small claims track for businesses with IP disputes

avantman42 · 10-08-2012, 08:41 AM

UK courts have a "small claims track", where relatively small civil claims can be filed. Filing is simple (fill in a form, no need for a lawyer) and cheap. On 1st October, it was announced that IP disputes can now be handled through the small claims track:
http://www.ipo.gov.uk/about/press/pr...e-20121001.htm

Quote:

Claims allocated to the small claims track will be subject to damages restrictions of £5,000 or less to ensure they are proportionate to what is at stake.

HarryT · 10-08-2012, 11:18 AM

Yay

. That's great news. About time, too!

JoeD · 10-08-2012, 11:26 AM

Quote:

Originally Posted by HarryT

Yay

. That's great news. About time, too!

I concur

Mike L · 10-08-2012, 12:42 PM

I agree it's good news. And thank you, Russell, for posting it.

But just to be clear: You said that 'UK courts have a "small claims track"'. That's correct. But the current announcement only applies to England & Wales. Other parts of the UK also have small claims procedures, but these are not affected by this announcement, unfortunately.

Mike

avantman42 · 10-08-2012, 03:39 PM

Quote:

Originally Posted by Mike L

But just to be clear: You said that 'UK courts have a "small claims track"'. That's correct. But the current announcement only applies to England & Wales. Other parts of the UK also have small claims procedures, but these are not affected by this announcement, unfortunately.

Thanks for the clarification, I hadn't realised it only applied to England & Wales.

mr ploppy · 10-08-2012, 04:52 PM

What standard of evidence does it require?

HarryT · 10-09-2012, 02:19 AM

These are civil cases, so the standard of proof required is that the person is guilty "on the balance of probabilities", just as with any other civil case.

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10-08-2012, 11:18 AM	#2
HarryT eBook Enthusiast Posts: 85,560 Karma: 93980341 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	Yay . That's great news. About time, too!

10-08-2012, 12:42 PM	#4
Mike L Wizard Posts: 1,479 Karma: 3846231 Join Date: Apr 2009 Location: Edinburgh, Scotland Device: Kindle 3, Samsung Galaxy	I agree it's good news. And thank you, Russell, for posting it. But just to be clear: You said that 'UK courts have a "small claims track"'. That's correct. But the current announcement only applies to England & Wales. Other parts of the UK also have small claims procedures, but these are not affected by this announcement, unfortunately. Mike

10-08-2012, 04:52 PM	#6
mr ploppy Feral Underclass Posts: 3,622 Karma: 26821535 Join Date: Jan 2010 Location: Yorkshire, tha noz Device: 2nd hand paperback	What standard of evidence does it require?

10-09-2012, 02:19 AM	#7
HarryT eBook Enthusiast Posts: 85,560 Karma: 93980341 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	These are civil cases, so the standard of proof required is that the person is guilty "on the balance of probabilities", just as with any other civil case.