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 2026

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

A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
DWF helped client Dairy UK secure a major victory at the UK Supreme Court
Hepworth Browne led Emotional Perception AI to victory at the UK Supreme Court, which rejected a previous appellate decision that said an AI network was not patentable
James Hill, general counsel at Norwich City FC, reveals how he balances fan engagement with brand enforcement, and when he calls on IP firms for advice
In the second of a two-part article, Gabrielle Faure-André and Stéphanie Garçon at Santarelli unpick EPO, UPC and French case law to assess the importance of clinical development timelines in inventive step analyses
Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Gift this article