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

Teams from Shakespeare Martineau and DWF will take centre stage in a dispute concerning the registrability of dairy terminology in plant-based products
Senem Kayahan, attorney and founder at PatentSe, discusses how she divides prosecution tasks, and reveals the importance of empathetic client advice
The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Law firms are integrating AI to remain competitive, and some are noticing an impact on traditional training and billing models
IP partners are among those advising on Netflix's planned $82.7bn acquisition of Warner, which has been rivalled by a $108.4bn bid by Paramount
Sheppard Mullin’s Jennifer Ayers reviews modifications to the rules of practice for IPR petitions and considers what practitioners need to know
News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Gift this article