TIPLO’s 14th Annual Christmas Event
Lincoln’s Inn Old Hall
2nd December 2009
In traditional fashion, TIPLO members and guests gathered in the under croft of the Old Hall , Lincoln’s Inn to enjoy a sparkling reception prior to ascending into the Old Hall itself for a sumptuous feast .
The Christmas tree was decked out in its finery and the candlelit Hall looked particularly atmospheric as diners took their seats. After an excellent meal and wine, Lord Justice Jacob took the podium to undertake a rather “pointless task” as he put it – pointless, that is, in that his task was to introduce one of the best loved and well liked of the many Judges gathered there – His Honour Judge Michael Fysh of the Patents County Court. Michael is due to retire from the bench in 2010 having completed a lengthy tenure at the helm of the PCC.
Robin gave us a witty insight into Michael as a “ black haired young man” – as a junior member of the bar, starting out in his career, and joining chambers at Francis Taylor Buildings ( now 8 New Square). It is easy to see how both men became firm friends as young barristers, and have enjoyed a strong bond and camaraderie ever since.
The title of the address given by Michael himself, “ The Fire Next Time “ had mystified most people, although everyone present was aware of the conflagration that had consumed the Field House court building in March of this year. Fortunately the mystery was solved when Michael explained that his title had been chosen as a rather erudite literary reference, and would only be familiar to those amongst us who were American literature buffs. Apparently the US author James Baldwin ( no relation I am told to John Baldwin QC of 8 New Square !) had coined the phrase in one of his novels .
Michael began his talk with a vivid “eye witness” account of the fire that had
consumed both his courtroom and chambers and theAsylum and Immigration Court, also formerly housed in Field House. It is a miracle that no-one was killed or maimed in the furnace which raged through the building, commencing with a lethal cocktail of overheated tar and exploding propane tanks on the roof of the building. The Judge commented that it was not so much a case of “Greek Fire” as “Albanian Fire” as the culprit(s) who inadvertently started the blaze by leaving tar heaters unattended and at full blast were apparently part of the Albanian work gang undertaking roof repairs at the time.
The PCC “post-fire” has been comfortably and happily housed in St Dunstan’s House in Fetter Lane, which His Honour Judge Fysh praised highly.
The latter part of his address touched on more serious matters; the lessons learned from the last decade in the PCC and what the future may hold for this singular tribunal . The Judge recalled details of a number of long standing cases involving litigants in person, and recalled with some sadness the difficulties which seem to face well meaning and able individuals who become overwhelmed with the problems of running of “self-propelled” litigation.
In some cases , he said , the pressure of carrying on without the assistance of lawyers proved too much for some claimants. Unfortunately he said, although his own initiatives for pro-bono assistance have been taken up in some cases, there is no simple answer to the question of how best to assist independent and self-representing litigants. The other matter which seemed to be a good idea on paper, but which has not moved much beyond the realm of the “theoretical” and into the sphere of the “practical”, save in isolated and rare cases, is the adoption of rights of audience by patent and trade mark attorneys.
The Judge concluded by saying that although his brother Judge’s initiatives and proposals ( he was referring to the recently published report by the team headed by Mr Justice Arnold) for the “new PCC” are generally good and certainly to be applauded, many of the ideas and strategies are not new. They have been tried before and met with only limited success. So, he concluded, we, as practising members of the IP legal body, must do more to try and “push the PCC to work better”. Things have improved, said Judge Fysh, recalling that he inherited only 3 active cases from his predecessor (HH Judge Peter Ford) whereas the PCC now has over 300 cases “ on the shelves” as he put it, but, he said ( perhaps unconsciously echoing the New Labour manifesto jingle) “things can only get better !” 
The friendship, support and assistance given to TIPLO by HH Judge Fysh over many years from its inception were noted by the presentation of a small memento and gift to the Judge, and the evening was rounded off in a festive style with the singing of rousing carols and Christmas songs. The Old Hall resounded to excellent music produced by Guy Tritton’s nimble fingers on the piano keys and the superb voices of TIPLO’s secretary Renate Siebrasse, His Honour’s wife Mary, Lord Justice Jacob and Lord Hoffman in particular !
Report and Photographs by Denise McFarland
Three New Square IP Chambers