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Copyright, Designs and Patents Act 1988
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Changes over time for: Section 288
Version Superseded: 01/10/2013
Alternative versions:
- 01/02/1991- Amendment
- 01/01/1992- Amendment
- 25/07/2003
Point in time - 01/10/2013- Amendment
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288 Financial limits in relation to proceedings within special jurisdiction of patents county court.U.K.
(1)Her Majesty may by Order in Council provide for limits of amount or value in relation to any description of proceedings within the special jurisdiction of a patents county court.
(2)If a limit is imposed on the amount of a claim of any description and the plaintiff has a cause of action for more than that amount, he may abandon the excess; in which case a patents county court shall have jurisdiction to hear and determine the action, but the plaintiff may not recover more than that amount.
(3)Where the court has jurisdiction to hear and determine an action by virtue of subsection (2), the judgment of the court in the action is in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.
(4)If the parties agree, by a memorandum signed by them or by their respective solicitors or other agents, that a patents county court shall have jurisdiction in any proceedings, that court shall have jurisdiction to hear and determine the proceedings notwithstanding any limit imposed under this section.
(5)No recommendation shall be made to Her Majesty to make an Order under this section unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.
Modifications etc. (not altering text)
C1S. 288(4) amended (E.W.)(1.1.1992) by S.I. 1991/2684 arts. 2, 4 and Sch.1
C2S. 288(4) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 8(1)(2), Sch. 2
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