Preview: An interview with Richard Arnold

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Preview: An interview with Richard Arnold

arnold-600.jpg

UK High Court judge Mr Justice Arnold speaks about how judges can set the agenda and dealing with obfuscating counsel in an exclusive interview with Managing IP

UK High Court judge Richard Arnold says he believes judges are not only required to interpret the law but to also create new laws and precedents, in a wide-ranging interview where he talks to Managing IP about his approach to cases, how to spot a badly prepared case and his views of counsel from the bench.

Asked whether judges are merely arbiters or if they can take on the role of influencer, he says that of course judges make laws. This is done through incremental developments of common law and interpretation of statutes.

He references website-blocking cases as an example – in which internet service providers were ordered to block access to websites hosting copyright-protected content and later trademark-infringing material as well.

“It so happened that it fell onto me to pioneer and develop the remedy of website blocking in this jurisdiction,” he says, adding that he set the agenda on this remedy for IP owners by chance. “I had no notion that that was what I was going to be doing until it was brought before me,” he says. “I found myself not so much developing an area of law as creating it.”

Echoing old comments made by Lord Reid, he says: “The idea that judges don’t make laws is a fairy tale, and we don’t believe in fairy tales anymore.

Cross-border collaboration is also increasingly common, Arnold says. He notes that foreign case law – particularly judgments from the Netherlands and Germany – have been quite influential and that judgments from courts in England and Wales are also assessed overseas.

The full-length interview, in which Arnold also shares his views on what in-house counsel can do better; the judicial recruitment crisis and why he does not consider himself to be a “judicial superman”, will be published on Managing IP and Patent Strategy shortly.

more from across site and SHARED ros bottom lb

More from across our site

The five-partner team enhances Sheppard Mullin’s technology and life sciences capabilities, expanding its IP practice to more than 130 practitioners
In an exclusive interview, Rouse CEO Luke Minford, Arnold & Siedsma managing partner Steve Duxbury, and Wrays executive chairman Gary Cox discuss plans to build the world’s first ‘truly integrated’ global IP services business
Benjamin Grzimek, partner at Casalonga’s new Düsseldorf office, believes the firm is well-placed to challenge German UPC dominance
A lot of the reporting around the Anthropic settlement misses something critical: it isn’t that relevant to AI training, argues Rebecca Newman at Addleshaw Goddard
Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Gift this article