Preview: An interview with Richard Arnold

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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 tie-up will add around 10 US-based partners to Herbert Smith Freehills’ IP offering
Colleen Tracy James, who joined as co-chair of the life sciences patent litigation group a little over a year ago, reveals her thoughts on hiring associates and AI
OpenAI's latest arguments at the Delhi High Court and a victory for Under Armour were also among the top talking points this week
Andrea Stone explains how her in-house experience gives her a unique perspective, and why Ballard Spahr’s combination with Lane Powell made it an ideal time to join
The pair had been fighting in multiple jurisdictions but have agreed to settle all litigation
Law firms may try to relate PTAB briefs to broader economic concerns in response to the USPTO’s latest guidance
IP Inclusive’s 10-year celebration provides reasons to be positive in the face of troubling attacks against DEI initiatives
Microsoft allegedly uses the HEVC technology in a range of products and offers an extension as an add-on
A group of five lawyers who joined Cleary Gottlieb say they want to help expand the firm’s IP litigation practice
As we build up to another busy year for the IP STARS rankings and our Managing IP Awards, we assess some of the major IP firms and trends in Germany
Gift this article