HMCTS ‘Guide to the Intellectual Property Enterprise Court Small Claims Track ’ was publioshed in July:
Par 4.3 states:
‘The IPEC SCT is only suitable for claims where the amount in dispute (not including costs) is £10,000 or less. If the claim has a value of more than £10,000, it is unlikely to be suitable for hearing in the SCT, unless the court orders otherwise. The IPEC SCT is suitable for claims where the remedies being sought are damages for infringement, an account of profits, delivery up or destruction of infringing items and/or a final injunction to prevent infringement in the future. Interim remedies (which are remedies ordered before the final hearing of the claim) such as interim injunctions, asset freezing orders and search and seizure orders are not available on the IPEC SCT. A claim seeking these remedies, which would otherwise be suitable for the IPEC SCT, should be made on the IPEC multi-track instead.’
Para 7.12 states:
‘Like all civil courts, the IPEC SCT encourages parties to consider the use of Alternative Dispute Resolution (ADR), as an alternative means of resolving disputes or particular issues within disputes. Parties to IPEC SCT cases may (or if required to do so, must) use ADR, including the Small Claims Mediation Service which is a FREE service provided by HM Courts & Tribunals Service (see Small claims mediation service – GOV.UK (www.gov.uk)). It may only be accessed after a claim has been issued. Mediation appointments are conducted by telephone and so the parties are not required to attend at court or at the mediators’ offices. Parties can also mediate through the small claims mediator without speaking to one another. The mediation appointment is:
• limited to one hour
• confidential • only proceeds if both parties agree to mediation.
If mediation is unsuccessful then the parties will continue to a final hearing of their IPEC small claim as usual.’
See also: ‘MoJ confirms compulsory mediation for civil claims up to £10,000’: https://lnkd.in/eFjBk97g ; and the ‘Mediating Artists’ Rights Claims’ essay on the ‘Mediation of Art & Music Disputes’ page at www.carlislam.co.uk. The essay is an incomplete work in progress, and in September 2023 I will be writing sections for inclusion about digital copyright and copyright in music, lyrics, songs and recordings.
See also:
Intellectual Property Enterprise Court – GOV.UK (www.gov.uk)
Intellectual Property Enterprise Court: a guide to small claims – GOV.UK (www.gov.uk)
https://www.judiciary.uk/wp-content/uploads/2022/11/IPEC_Guide_revised_2022-1.pdf