High Court litigation: Specialist advocacy for high-value IP disputes
When a client’s intellectual property dispute escalates to the High Court, your firm requires specialist counsel with a track record of procedural mastery and formidable advocacy. We integrate with your team to serve as your expert IP litigation lead, responsible for building and executing a robust, aggressive strategy designed for success in the senior courts. We handle the technical, evidential, and advocacy burdens while maintaining our discreet, advisory role to fully protect your firm’s client relationship.
What is it?
High Court litigation is the primary avenue for resolving complex, high-value, and multi-jurisdictional intellectual property disputes in the UK. This forum includes the Chancery Division and the Patents Court, handling matters such as major patent infringement claims, complex contractual disputes involving IP, and significant trade mark and passing off cases.
Success in the High Court demands meticulous attention to civil procedure rules, extensive case management expertise, and the ability to handle high-level expert and factual witness evidence.
High Court litigation: How we assist you
We empower your firm to confidently represent clients in the highest levels of IP litigation by providing the necessary strategy, advocacy, and procedural expertise.
- Procedural mastery: We manage the intricate procedural steps, including disclosure, witness statements, and expert evidence, ensuring strict compliance with the Civil Procedure Rules (CPR) to prevent tactical failures.
- Strategic case management: We work with your team to define and narrow the issues at the earliest stage, ensuring that court time and client resources are focused only on the arguments that will drive a successful commercial outcome.
- Advocacy and trial preparation: We provide specialist advocacy and rigorous trial preparation, ensuring the client's position is presented with maximum impact and credibility before the High Court judge.
- Enforcement and remedies: We are highly adept at seeking and enforcing high-impact remedies, including interim injunctions, search orders, and final damages or accounts of profit.
Our unique capability in this area
Our firm’s reputation was forged in the High Court. Our unique strength is not simply in navigating the procedure, but in our litigation-first perspective that allows us to anticipate the court's demands and the opponent's strategy.
- Reputation and authority: Our history of successfully challenging large, corporate firms establishes immediate authority and influence in proceedings, often creating favourable leverage during the pre-trial stages.
- Forensic rigour: We apply a forensic approach to evidence, ensuring that all factual and expert testimony is airtight and positioned to withstand intense cross-examination, which is pivotal in High Court trials.
- Commercial focus under pressure: Despite the formal nature of the court, our strategy remains resolutely focused on the client's commercial return on investment (ROI), ensuring the legal expense translates into a tangible business win.
High Court litigation: Common questions and answers
When should a case be heard in the High Court rather than the IPEC?
The High Court is appropriate for cases where the financial value exceeds the IPEC's damages cap (£500,000) or where the technical and legal complexity requires the extensive judicial time and procedures offered by the senior court (e.g. complex patent claims, pan-European injunctions). Ultimately, when seeking to file a claim, this decision can, in and of itself, be a tactical or strategic choice, depending on the client's ideal commercial outcome.
How do you manage the higher cost risk associated with the High Court?
We manage cost risk through aggressive budgeting and early strategic assessment. Before proceedings start, we model the case cost against the commercial value.
We utilize targeted applications (e.g. interim injunctions, summary judgment) that aim to resolve the dispute quickly or increase settlement leverage, mitigating the risk of a full, drawn-out trial.
Ultimately, it is only when it is in the client's best interests that a case sees full trial, or in the event that no other resolution can be met.
What is the expected timeline for a High Court IP dispute?
High Court IP cases are complex and typically span 18 to 36 months from issuance to final trial judgment, depending on the complexity of the evidence and expert testimony required.
We provide your firm with a granular timeline and critical action milestones to keep the client fully informed throughout the process.
How do you manage expert evidence, which is crucial in High Court IP cases?
We manage the entire expert process, which is often determinative of the case.
We identify, instruct, and brief the industry-leading technical and financial experts, ensuring their reports are legally admissible, factually sound, and capable of withstanding rigorous cross-examination in court.
Partner with specialist IP counsel
Elevate your client's dispute to the highest level with confidence and specialist advocacy. Use the calendar below to arrange a confidential consultation on how we can integrate our High Court litigation expertise into your firm's service offering.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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