HL Deb 15 July 1994 vol 556 c2103

1 After Clause 17, insert the following clause:

Jurisdiction of sheriff court or county court in Northern Ireland

'. Proceedings for an order under section 16 (order for delivery up of infringing goods, material or articles) or section 94 (order as to disposal of infringing goods, &c.) may be brought—

  1. (a) in the sheriff court in Scotland, or
  2. (b) in a county court in Northern Ireland.
This does not affect the jurisdiction of the Court of Session or the High Court in Northern Ireland.'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1.I should like to speak also to Amendment No. 15.

The effect of the amendments is to remove from Clause 95 the provision allowing delivery up to be dealt with in the county court in England and Wales. That will make it possible for the Lord Chancellor, at some future date, to make an order confirming jurisdiction for trade mark infringement on one or more county courts, such as the specialist patents county court. I commend the amendment to your Lordships.

Moved, That the House do agree with the Commons in their Amendment No. 1.—(Lord Strathclyde.)

On Question, Motion agreed to.