WEBVTT

92bb22b4-83bc-4f3f-8100-dd8c0e1eb7a7-0
00:00:02.270 --> 00:00:06.086
So here we're looking at a case
and we're using BAILII, which is

92bb22b4-83bc-4f3f-8100-dd8c0e1eb7a7-1
00:00:06.086 --> 00:00:09.844
freely available. With BAILII,
they tend not to have headnotes

92bb22b4-83bc-4f3f-8100-dd8c0e1eb7a7-2
00:00:09.844 --> 00:00:13.485
or summaries at the beginning.
So you have to do a little bit

92bb22b4-83bc-4f3f-8100-dd8c0e1eb7a7-3
00:00:13.485 --> 00:00:17.185
more reading than you might
do, if you're using say All

92bb22b4-83bc-4f3f-8100-dd8c0e1eb7a7-4
00:00:17.185 --> 00:00:19.710
England Law Reports or a Weekly
Law Report.

707790cf-102b-4ed5-9882-22a70b680697-0
00:00:20.800 --> 00:00:24.262
You'll see towards the top it
gives us some useful

707790cf-102b-4ed5-9882-22a70b680697-1
00:00:24.262 --> 00:00:28.200
information. So we have the
citation for the case both at

707790cf-102b-4ed5-9882-22a70b680697-2
00:00:28.200 --> 00:00:32.409
the right hand side and at
the top as well. So it tells us

707790cf-102b-4ed5-9882-22a70b680697-3
00:00:32.409 --> 00:00:36.075
that this is our neutral
citation, which you'll learn

707790cf-102b-4ed5-9882-22a70b680697-4
00:00:36.075 --> 00:00:40.488
about later on. We can also see
which court it is. So we can see

707790cf-102b-4ed5-9882-22a70b680697-5
00:00:40.488 --> 00:00:44.697
that it's the Court of Appeal,
Civil Division and that it was

707790cf-102b-4ed5-9882-22a70b680697-6
00:00:44.697 --> 00:00:48.634
appeal from the Business and
Property Court, Intellectual

707790cf-102b-4ed5-9882-22a70b680697-7
00:00:48.634 --> 00:00:51.689
Property Enterprise Court,
because this case

ae0b774b-4a42-489a-b9f7-c5b4841e5986-0
00:00:51.770 --> 00:00:53.240
is on trademarks.

395cdd01-23ba-49f7-ba72-76c36a60e2c5-0
00:00:54.680 --> 00:00:58.792
So we can see at the beginning
it gives us the names of the

395cdd01-23ba-49f7-ba72-76c36a60e2c5-1
00:00:58.792 --> 00:01:03.178
judges involved in the case for
which we've got three and we've

395cdd01-23ba-49f7-ba72-76c36a60e2c5-2
00:01:03.178 --> 00:01:07.153
also got the names of the
parties. And towards the right,

395cdd01-23ba-49f7-ba72-76c36a60e2c5-3
00:01:07.153 --> 00:01:11.334
it will tell us whether these
people are the appellants, the

395cdd01-23ba-49f7-ba72-76c36a60e2c5-4
00:01:11.334 --> 00:01:15.240
people bringing the appeal as
this is an appeal case, or

395cdd01-23ba-49f7-ba72-76c36a60e2c5-5
00:01:15.240 --> 00:01:19.010
whether or not they are the
respondents to the appeal.

fb6239f5-fb43-4aab-8ab4-df0e065b7dc7-0
00:01:19.790 --> 00:01:24.446
And we'll also have information
on their legal representation

fb6239f5-fb43-4aab-8ab4-df0e065b7dc7-1
00:01:24.446 --> 00:01:29.327
here for both the appellant and
the respondent. And then we have

fb6239f5-fb43-4aab-8ab4-df0e065b7dc7-2
00:01:29.327 --> 00:01:31.130
the date of the hearing.

0bc58abb-3ed5-4bb5-8796-58d02aa1bd72-0
00:01:32.940 --> 00:01:33.550


4994deee-e430-4181-9b90-066379b00bdc-0
00:01:34.270 --> 00:01:38.924
Now we then go into the main
case itself and you'll see that

4994deee-e430-4181-9b90-066379b00bdc-1
00:01:38.924 --> 00:01:43.730
it's divided into the judgments
that were given by each of the

4994deee-e430-4181-9b90-066379b00bdc-2
00:01:43.730 --> 00:01:48.461
judges in the case. So we start
off with Lord Justice Arnold 

4994deee-e430-4181-9b90-066379b00bdc-3
00:01:48.461 --> 00:01:53.191
and they give some background to
the case and they talk about

4994deee-e430-4181-9b90-066379b00bdc-4
00:01:53.191 --> 00:01:58.074
what it's about and they go on
and discuss the relevant law. So

4994deee-e430-4181-9b90-066379b00bdc-5
00:01:58.074 --> 00:02:02.881
we're looking at passing off in
this situation and towards the

4994deee-e430-4181-9b90-066379b00bdc-6
00:02:02.881 --> 00:02:04.559
end of their judgement,

643be7d4-6f55-4a4f-b582-0ca52575dc8d-0
00:02:05.410 --> 00:02:09.455
they will come to a conclusion.
And you can see that there's

643be7d4-6f55-4a4f-b582-0ca52575dc8d-1
00:02:09.455 --> 00:02:13.369
quite a lot here. It's all
divided into paragraphs so that

643be7d4-6f55-4a4f-b582-0ca52575dc8d-2
00:02:13.369 --> 00:02:17.348
we know which paragraph we're
talking about if we have been

643be7d4-6f55-4a4f-b582-0ca52575dc8d-3
00:02:17.348 --> 00:02:21.394
giving citations for these and
then we get to the conclusion

643be7d4-6f55-4a4f-b582-0ca52575dc8d-4
00:02:21.394 --> 00:02:25.042
and he notes that for the
reasons given above and they

643be7d4-6f55-4a4f-b582-0ca52575dc8d-5
00:02:25.042 --> 00:02:28.889
allow the appeal. So the
appellants won in this situation.

643be7d4-6f55-4a4f-b582-0ca52575dc8d-6
00:02:28.889 --> 00:02:32.935
The other judges in the
case, Lord Justice Bean and Lord

643be7d4-6f55-4a4f-b582-0ca52575dc8d-7
00:02:32.935 --> 00:02:37.180
Justice Lewison, and they have
nothing to add in this situation

96d9816b-71db-4878-83e4-648faa8e5f23-0
00:02:37.250 --> 00:02:41.654
so that they're saying that they
agree with Lord Justice Arnold.

96d9816b-71db-4878-83e4-648faa8e5f23-1
00:02:41.654 --> 00:02:45.788
So what that means is because
Lord Justice Arnold is the one

96d9816b-71db-4878-83e4-648faa8e5f23-2
00:02:45.788 --> 00:02:49.853
that wrote the most very often,
so person that goes first and

96d9816b-71db-4878-83e4-648faa8e5f23-3
00:02:49.853 --> 00:02:54.258
they're the one that's given the
leading judgement in this case.

96d9816b-71db-4878-83e4-648faa8e5f23-4
00:02:54.258 --> 00:02:58.391
So if you ever asked about the
leading judgement you want to

96d9816b-71db-4878-83e4-648faa8e5f23-5
00:02:58.391 --> 00:03:02.796
look and see. Usually it's very
often the person that writes the

96d9816b-71db-4878-83e4-648faa8e5f23-6
00:03:02.796 --> 00:03:05.710
most, and the others judges
defer to them.

da4f2f94-55d9-4297-abc6-61daa2282d88-0
00:03:07.260 --> 00:03:11.410
So that's a brief introduction
to the structure of a case.