Dispute Resolution Online CPD

IP plays a hugely important role in the Scottish economy. It ensures that our innovators and entrepreneurs can enjoy the fruits of their labours by being able to exploit and protect their ideas, designs and creative works for a certain period of time. But do we have a forum for resolution of IP disputes which is fit for purpose?

Usman Tariq, Advocate and Colin Hulme of Burness Paull LLP have submitted a paper to the Scottish Civil Justice Council asking them to consider proposals for reform of the practice of IP litigation in the Court of Session. This webinar will review the current system for resolution of IP disputes in Scotland and discuss the proposed reforms.

It is hoped the proposed reforms to the Rules of the Court of Session will ensure that Scotland will be seen as an attractive jurisdiction for the resolution of IP disputes. In particular, the proposed reforms will aim to offer a satisfactory alternative to litigating in the Intellectual Property and Enterprise Court (“IPEC”) and other parts of the High Court of Justice of England and Wales (“High Court”).

The key proposals are as follows:

• Introduction of an optional “costs cap” of £50,000, meaning that the successful party in an IP action can recover no more than £50,000 by way of expenses;
• Development of a simplified process for smaller IP claims, so that they can be dealt with in a more streamlined way;
• Nomination of a single IP judge so that all IP cases in the Court of Session go before one IP judge who would have ownership for the conduct of these cases and increase judicial management of IP cases coming before the Court of Session;
• Introduction of an order equivalent to a “Norwich Pharmacal” order which allows for identification of parties hidden behind social media profiles; and
• Better promotion of the Court of Session as an IP Court so that those with rights to enforce would be encouraged to use the IP Court as opposed to not litigating or litigating elsewhere.

This webinar will be of interest to solicitors advising on intellectual property law matters. No previous knowledge is required, and the webinar can be taken by anyone new to Intellectual Property Law.

Speakers

Colin Hulme, Partner, Burness Paull LLP
Colin Hulme leads Burness Paull’s contentious IP & Tech practice. He is the only IP litigator in Scotland with a Band 1 ranking in Chambers UK and in the Legal 500 Hall of Fame. Colin is one of only a handful of litigators to be accredited as an IP specialist by the Law Society of Scotland. Managing IP identify him as an “IP Star” in Scotland.

Engaged in all forms of IP and IT disputes work from pharmaceutical patents to trade secrets in the Energy Sector, Colin has a market-leading brand protection practice acting for iconic brands such as Harris Tweed, Scottish FA, SRU, Highland Spring and Ron Lawson. His team is behind Sky, Phonographic Performance Limited (PPL), PRS for Music and PicRights copyright enforcement campaigns.

He is an associate member of CITMA, sits on the ADR Committee at INTA and holds an LLM in IT and Telecommunications Law.

Usman Tariq, Advocate, Ampersand Advocates
Usman Tariq is an Advocate specialising in IP disputes. He is ranked in the Chambers UK and Legal 500 rankings for IP disputes at the Bar. He is described in the current edition of Chambers as “the leading all-round IP junior in Scotland”. He was named Advocate of the Year at the Law Awards of Scotland 2017 and the Legal 500’s Junior Counsel of the Year in 2019. He has experience of conducting proceedings in the UK Intellectual Property Office. Notable recent IP cases include acting for the successful respondent in CCHG Ltd t/a Vaporized v Vapouriz Ltd, the first substantive appeal to the Court of Session from the UKIPO of a trade mark decision, and the successful pursuer in Reactec Limited v Curotec Team Limited, a proof in the Court of Session for patent infringement and revocation.

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In this webinar, Paul Kirkwood and Pamela Lyall, both experienced commercial mediators, will introduce you to commercial mediation in legal disputes. What it is and how it works in practice.

By watching this webinar, you will:

• Know about the different models of mediation and how to apply them in practice
• Understand the key stages in the mediation process
• Gain insight on how to use mediation to ensure positive outcomes for clients 

Speakers

Paul Kirkwood, Law Society Accredited Commercial Mediator and Solicitor (litigation), MNCRS-Mediation, Negotiation & Conflict Resolution Services
Paul Kirkwood is a commercial mediator registered with the Scottish Mediation Network having completed the LLM Legal Master’s degree in Mediation, Negotiation and Conflict Resolution at the University of Strathclyde, run by mediation pioneer, Charlie Irvine. Paul now runs MNCRS – Mediation, Negotiation and Conflict Resolution Services. He is also a solicitor, formerly a litigation partner at the law firms Thompsons-Scotland and Lawford Kidd solicitors, he had over 24 years’ experience in private practice, dealing with thousands of litigated cases. He has significant experience in commercial business disputes, employment/workplace disputes, partnership disputes, personal injury disputes, professional negligence disputes and education law disputes.

Pamela Lyall, Commercial Mediator and Solicitor (non-practising- formerly litigation), Pamela Lyall Mediation
Pamela is Scotland’s leading female commercial mediator having been accredited as a mediator by CEDR in 2000. She was involved in Core Solutions since its foundation, latterly as Director of Mediation Services.  Formerly a litigation partner and Head of Insurance Litigation at the law firm of Dundas & Wilson, she had over 18 years’ experience in private practice, dealing with a broad range of commercial disputes.
She has mediated in over 200 disputes concerned with commercial contracts, employment and discrimination, senior management, workplace, health services, professional negligence, intellectual property, building and construction, partnership, property and use of land, charitable organisations and other disputes.
Pamela’s style is proactive, realistic and pragmatic as well as positive. Her perseverance in keeping the parties working towards a mutually acceptable outcome has been highlighted. 

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Covid-19 has had a major impact on the Employment Tribunal and court systems in recent months. There is now a claims backlog in both systems and alternative dispute resolution may be viewed as a more popular and viable option for claims. In the modern world of work, some spend more time with their work colleagues than they do with their loved ones. When a relationship breaks down at work, its consequences can be debilitating and stressful for employee and employer alike. Grievances are on the rise. A traditional adversarial “position-based” claims culture is not best placed to resolve such disputes and mediation often lends itself much better. In this short session, employment law specialist and trained mediator David Morgan, a partner at Burness Paull LLP, will share his ‘Top Ten Tips’ for handling workplace mediation and the pro’s and con’s of this approach for employment law disputes.

Who should watch?
This webinar will be of interest to solicitors (in private practice and in-house) advising on resolving workplace disputes, including grievances and Employment Tribunal claims. No previous knowledge is required, and the webinar can be taken by anyone new to Employment Law practice.

Learning Outcomes:

• Mediation de-mystified – what actually happens in practice?
• Negotiation techniques to resolve employment disputes
• Intro to Judicial mediation in the Employment Tribunal Service
• Advantages and disadvantages of mediation as an alternative to litigation
• Practical examples of mediation successes

Speakers

David Morgan, Partner, Burness Paull LLP
David Morgan is a partner at Burness Paull LLP.  He is an accredited specialist in employment law (Law Society of Scotland) and a trained Mediator (Core Mediation).  David represents clients at employment tribunals north and south of the border and has particular expertise in trade union and labour relations. David is ranked in the top tier (Band 1) for Employment Law in Chambers UK. The focus of his practice is advising employers and he also acts for senior executives in relation to their own positions.

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Join Alistair Dean of Anderson Strathern for an update and insights into pre-action protocols and ADR. 

Speaker

Alistair Dean, Partner and Solicitor Advocate, Anderson Strathern LLP
Alistair specialises in commercial and construction disputes and is highly regarded by his clients and peers for his approach to dealing with difficult issues. His many clients include developers, main contractors, sub-contractors, national retailers, house builders and trade bodies. He is a Solicitor Advocate and appears regularly in the Court of Session. He is confident dealing with a very wide range of complex commercial matters. His diverse experience includes adjudication, arbitration, mediation and expert determination

Having originally worked with Anderson Strathern, Alistair went on to found his own niche commercial and construction litigation practice – ADLP – building up a strong client base and a wealth of expertise. In February 2016 Alistair returned to Anderson Strathern, bringing his ADLP practice with him.

Alistair has also acted as secretary of the Chartered Institute of Arbitrators [Scotland Branch] and sat for two years on the committee of the WS Society. His qualifications include an LLM in Construction Law.

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Join Kirsten Thomson of Addleshaw Goddard for an update and insights into how to conduct a civil proof.  

Speaker

Kirsten Thomson, Associate and Solicitor Advocate, Addleshaw Goddard LLP
Kirsten is a commercial litigator specialising in commercial disputes, professional negligence claims, construction disputes, contractual disputes and insurance litigation.

She is experienced acting on behalf of and against professionals including solicitors, architects, accountants and surveyors in negligence disputes. She also acts for banks, commercial organisations, landowners and private individuals in a range of commercial and contractual disputes.

Kirsten acts regularly on behalf of policy holders in insurance disputes. She is a member of the insurance litigation team, working on coverage disputes for policy holders.

Kirsten also has experience pursuing and defending high value warranty claims and shareholder disputes.

Kirsten has significant experience running complex and high value litigations in the Court of Session providing strategic and commercial advice to clients. Kirsten also has experience appearing in Sheriff Courts across Scotland.

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Join Jamie Apted of MBM Commercial for insights into expenses in the Sheriff Court. 

Speaker

Jamie Apted, Head of Cross Border Agency, MBM Commercial
Jamie is an award-winning lawyer. He specialises in commercial litigation with focus on banking, complex contractual, financial and insolvency disputes.

Jamie provides advice to a range of clients from funds to family businesses. He is a returning speaker at the Law Society of Scotland’s Commercial Contract Law Conference, and his cases regularly contribute to the developing case law in his areas of practice.

Jamie is budget conscious and likes clients to be able to choose the best way to pay for his services; whether that is a results-only payment option, an upfront fixed fee, or on an hourly rate basis.

Delivering on an excellent result for his clients is his number one priority, and he makes sure that they are informed every step of the way. He strives to really understand his clients’ requirements, culture and to become a part of their team. His clients’ businesses, and resolving their disputes, are important to him.

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