Read the full judgment text of on BabelCite. was delivered on 24 April 1990.
1. This is an application for leave to appeal to Her Majesty in Council from a decision of this Court, given on the 29th of last month, whereby we set aside the order of Barnes, J. who had granted trial by jury on one particular issue in the action from which these proceedings spring. Two issues were raised by those proceedings, one infringement of trademark, and the other passing off. The order for trial by jury was given in respect of liability for passing off only. Leave to appeal is necessar