|I have not produced a formal circular on the case for some time and therefore I felt it important to provide an explanation for the long awaited decision from the Court. After the Court hearing completed I indicated, in line with usual practice and also our barrister’s opinion, that a written judgment would be likely to be handed down by the judge within 4 – 8 weeks.
Unfortunately the decision has still not been finalised by Lord Hildyard and therefore we continue to wait for the decision to be handed down. This is very unsatisfactory and frustrating however please be assured that there is nothing to read into this delay aside from the judge being prudent to draft a judgment which could be up to 200 pages long. Once this decision is handed down it becomes case law instantly and has the potential to be appealed. Consequently the judge will be keen to ensure that his decision is both thorough and robust to such a potential challenge. Also this case is considered, within legal circles, to be the most high profile passing off case of the year, which increases the likely scrutiny which the judge may expect his judgment to receive.
I, like I am sure many of you, am incredibly disappointed by this continued delay however there is little we can do than be patient in the knowledge that the judge is likely to hand down the judgment shortly. I am in almost daily contact with the clerks of both our barrister and the judge. As soon as I receive the full written judgment I will, of course, notify you of the result and provide you with an indication of the extent of the orders made by the Court. As per my previous correspondence please refer any queries received from the press directly to Fine & Country Media Centre.
If you have any questions or wish to clarify anything connected to the case then do please contact me at the Park Lane office.
On a separate but connected point I am pleased to confirm that Spicerhaart has withdrawn its trade mark application for FINE which provides a good indication of their lack of confidence in the future of this brand.