The Patents County Court (Financial Limits) Order 2011
| Jurisdiction | UK Non-devolved |
2011 No. 1402
Patents
The Patents County Court (Financial Limits) Order 2011
Made 8th June 2011
Coming into force 14th June 2011
At the Court at Buckingham Palace, the 8th day of June 2011
Present,
The Queen’s Most Excellent Majesty in Council
A draft of this instrument has been laid before and approved by a resolution of each House of Parliament in accordance with section 288(5) of the Copyright, Designs and Patents Act 19881.
Her Majesty, in exercise of the powers conferred upon Her by section 288(1) of the Copyright, Designs and Patents Act 1988 is pleased, by and with the advice of Her Privy Council, to order, and it is ordered as follows:
Citation and commencement
1. This Order may be cited as the Patents County Court (Financial Limits) Order 2011 and shall come into force on 14th June 2011.
Financial limits
2.—(1) In relation to all proceedings within the special jurisdiction of a patents county court and in which a claim is made for damages or an account of profits, the amount or value of that claim shall not exceed £500,000.
(2) In determining the amount or value of a claim for the purpose of paragraph (1), a claim for—
(a)
(a) interest, other than interest payable under an agreement, or
(b)
(b) costs,
shall be disregarded.
Transitional provision
3. A patents county court has jurisdiction to hear and determine a claim for damages or an account of profits for an amount or value exceeding the limit imposed by article 2 where, before the coming into force of this Order—
(a) the claim has been made in a patents county court in proceedings within its special jurisdiction, or
(b) the High Court orders the proceedings in which the claim has been made to be transferred to the special jurisdiction of a patents county court, or
(c) an application has been made to the High Court for transfer of the proceedings in which the claim has been made to a patents county court and, after the coming into force of this Order, the High Court orders the transfer of the proceedings to the special jurisdiction of a patents county court.
Judith Simpson
Clerk of the Privy Council
EXPLANATORY NOTE
(This note is not part of the Order)
This Order sets out the financial limits in relation to proceedings in England and Wales within the special jurisdiction of a patents county court. In such proceedings, where a claim is made for...
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