Explanatory note

The Lord Chancellor has power under section 287(1) of the Copyright, Designs and Patents Act 1988 to designate a county court as a patents county court, with jurisdiction to hear and determine proceedings relating to patents or designs (and matters ancillary thereto). This Order amends the County Court Rules 1981 by adding a new Order 48A, which will establish a procedure for this new county court jurisdiction.

The new Order is based upon Order 104 of the Rules of the Supreme Court and the recommendations contained in the Report of the Committee on Patent Litigation (Lord Chancellor’s Department, November 1987). It will provide that all proceedings in a patents county court shall be commenced by summons. Rule 4 of the new Order will set out details which parties must include in pleadings to which this Order will apply. Rule 8 will make provision for the service of an application for directions and the preliminary consideration of the case, which will be a form of pre-trial review specially adapted to meet the needs of patents litigation. The other special feature of the new rule will be the restrictions it will place upon the use of interlocutory applications. Parties will be unable to serve applications for further and better particulars in proceedings to which this Order will apply; and interrogatories and notices to admit facts will require the leave of the court (save when a notice to admit facts is served within 14 days of the close of pleadings).