When commencing infringement proceedings, one should always be mindful of how to extricate oneself from those proceedings, if needed. In the United Kingdom, bar settlement, the normal course is to serve a notice of discontinuance in relation to all (or part) of the claim. The consequence of this is usually that the claim (or a particular aspect of it) comes to an end, with the discontinuer liable to pay the other side’s costs, to be assessed if not agreed. However, in Walton International Ltd v Verweij Fashion BV ([2018] EWHC 1608 (Ch), 28 June 2018), Mr Justice Arnold has held that, in certain circumstances, such notices can be set aside.

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