Tribunal practice notice (1/2016): Provision of skeleton arguments and attendance at case management conferences/hearings in trade mark proceedings.
Published 12 February 2016
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This publication is available at https://www.gov.uk/government/publications/tribunal-practice-notice-12016/tribunal-practice-notice-12016-provision-of-skeleton-arguments-and-attendance-at-case-management-conferenceshearings-in-trade-mark-proceedings
This Tribunal Practice Notice replaces the information set out in TPN 1/2004.
1. What?
Skeleton arguments
(i) This notice re-emphasises the timing of receipt of skeleton arguments and authorities relied upon prior to substantive Hearing and outlines potential consequences of non-compliance.
Case management conferences (CMC)
(ii) This notice introduces potential consequences to parties in the event the Registry is not informed who is attending a CMC and/or is not provided with a correct contact telephone number for that person.
2. Why?
Skeleton arguments
(i) A noticeable proportion of skeleton arguments are not being received by the Registry two working days prior to a substantive Hearing in contravention of TPN 1/2004. Further, those received are often being sent to an incorrect fax number or email address. Both of the aforesaid are causing unnecessary delay in the Hearing Officer reading the documents in advance of the Hearing.
Case management conferences/hearings
(ii) A noticeable number of persons using the Tribunal process are failing to provide a contact name/correct telephone number in respect of participation at CMC/hearings. This is causing unnecessary extra work for the tribunal hearings team in obtaining this information and/or dealing with incorrect information supplied and sometimes results in the delay in the start of a CMC/hearing.
3. Requirements
Skeleton arguments
(i) Parties with legal representation are required to provide skeleton arguments by 2pm two working days prior to Hearings (other than CMC), regardless of the start time of the Hearing. By way of example, for any Hearing due to take place on a Thursday, whether starting at 9.30am or 2pm, we should receive skeleton arguments by 2pm the Tuesday before.
(ii) Skeleton argument must be accompanied by a separate list of any authorities relied upon. This is so that the tribunals hearing team can quickly identify the authorities and, if necessary, obtain copies of the cases for the hearing officer.
(iii) Skeleton arguments should be sent to the following fax number: 01633 811175 or emailed to tribunalhearings@ipo.gov.uk.
(iv) There is no change to our practice that skeleton arguments will not be required in ex parte cases or CMC, nor will litigants in person have to provide them.
Case management conferences/hearings
(v) In the event of a CMC/hearing being appointed, a correct contact name and telephone number of those attending should be confirmed 7 days prior to the CMC/hearing.
(vi) A party who wishes to appear at a hearing using non-IPO video conference facilities must inform the tribunal hearings team by email (at the address given above) at least 7 days prior to the CMC/hearing date set. This is so that a bridging link can be set up, if required, and the link tested prior to the hearing.
4. Consequences for non-compliance
Skeleton arguments
(i) Skeleton arguments received by the tribunal hearing Team later than 2pm two working days before the hearing will be classed as late. This may also apply to those skeletons received late because they were sent to fax numbers/email addresses other than those specified above. A party that files its skeleton argument late will be required to provide full copies of all the authorities they wish to rely on. Further, should the lateness of the skeleton or missing authorities lead to a delay or adjournment of the Hearing, this will have cost implications for the offending party.
(ii) Provided the skeleton argument is correctly filed on time, the tribunal hearing team will continue to provide the hearing officer with copies of any IP authorities shown in the authorities list.
Case management conferences
(iii) If no contact name and/or telephone number (or an incorrect name/telephone number) is provided, the CMC will proceed without the participation of the offending party. The tribunal hearing team will not chase parties for names/numbers.
Allan James
Head of the trade mark tribunal