UVG Ambulances Ltd v Auto Conversions Ltd (t/a Wilker Auto Conversions) [2000] ScotCS 123 (12 May 2000)

UVG Ambulances Ltd v Auto Conversions Ltd (t/a Wilker Auto Conversions) [2000] ScotCS 123 (12 May 2000)

The Scottish Court of Session does not have jurisdiction to grant an interdict with effect beyond Scotland in the absence of express statutory authority. Section 227 of the Copyright Designs and Patents Act 1988 does not extend the court's jurisdiction to the whole UK. The balance of convenience favours the pursuers, as there is a strong prima facie case of direct copying, the defenders proceeded with knowledge of the risk, and the pursuers' losses may be substantial, while the defenders' losses are not wholly irrecoverable.

Citation
[2000] ScotCS 123
Parties
Pursuer: U V G Ambulances Ltd; Defender: Auto Conversions Ltd t/a Wilker Auto Conversions
Jurisdiction
Scotland
Judgment Date
12 May 2000
Procedural Posture
Interim Interdict Application (intellectual Property Infringement) / Hearing on Recall and Amendment of Interim Interdict
Outcome
Interim interdict recalled and new interim interdict granted, restricted to Scotland.
Legal Topics
Design Right Infringement, Jurisdiction of Scottish Courts, Interim Interdict, Balance of Convenience
Intellectual Property Civil Procedure Design Right Infringement Jurisdiction of Scottish Courts Interim Interdict Balance of Convenience

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Parties

U V G Ambulances Ltd

Pursuer

Auto Conversions Ltd t/a Wilker Auto Conversions

Defender

Procedural Posture

Interim Interdict Application (intellectual Property Infringement) / Hearing on Recall and Amendment of Interim Interdict

Legal Issues

  1. 1 Whether the Scottish Court of Session has jurisdiction to grant an interdict with UK-wide effect for design right infringement
  2. 2 Whether the balance of convenience favours maintaining the interim interdict

Ratio Decidendi

The Scottish Court of Session does not have jurisdiction to grant an interdict with effect beyond Scotland in the absence of express statutory authority. Section 227 of the Copyright Designs and Patents Act 1988 does not extend the court's jurisdiction to the whole UK. The balance of convenience favours the pursuers, as there is a strong prima facie case of direct copying, the defenders proceeded with knowledge of the risk, and the pursuers' losses may be substantial, while the defenders' losses are not wholly irrecoverable.

Court Disposition

Interim interdict recalled and new interim interdict granted, restricted to Scotland.

Orders

  • Recall of previous interim interdict pronounced by Lord Nimmo Smith.
  • Grant of new interim interdict in substantially the same terms, but restricted in scope to Scotland.