The stuff of fiction
It is extremely unusual and quite a feat that a barrister as newly qualified as Kendal Watkinson has already completed her first trial as lead counsel as she only became a member of Hogarth Chambers three months ago, after successfully completing her pupillage with us. The fact that this is such a high-profile case and has garnered so much media attention is really quite extraordinary; the stuff of fiction in fact, which is really quite apt.
The trial took place in the Intellectual Property Enterprise Court (IPEC) and Kendal represented children’s author Fay Evans against high street stalwart John Lewis, who in turn were ably represented by another Hogarth member, one of the most experienced barristers on the IP circuit, Michael Hicks.
Kendal’s take:
“I am delighted to have been instructed on such an interesting trial, which has gained a lot of media attention, just three months after taking tenancy at Hogarth Chambers. It was a privilege to get this kind of advocacy experience and exposure so early on in my career, and I have learnt so much which will be extremely helpful for the future.”
The key points of law in issue were (a) whether copyright subsisted in the Claimant’s children’s book, and (b) whether the Defendants had copied the Claimant’s book and therefore infringed her copyright.
The Judgment is to be handed down in person by HHJ Melissa Clarke on 3 April 2023.
Kendal was instructed by an excellent team at Brandsmiths, including Sophie Turner-Flynn, Myrto Sevadali and Andrew Lee.
