Nicholas Pumfrey
Encyclopedia
Sir Nicholas Richard Pumfrey, (22 May 1951 – 24 December 2007) styled The Rt Hon. Lord Justice Pumfrey, was a British
barrister
. He served as a High Court judge
for 10 years, and was promoted to the Court of Appeal little more than a month before his sudden death.
, where his father was a solicitor
. He was educated at St Edward's School, Oxford. In 1969, he matriculated at St Edmund Hall, Oxford
, where he received his Bachelor of Arts
(BA) in Physics
in 1972. He also completed a degree in Law
in 1974.
in 1975, where he was made a Bencher
in 1998. He specialised in intellectual property
law, and was a Junior Counsel to Her Majesty's Treasury (Patents) from 1987 to 1990, and was appointed a QC
in 1990. He became a Judge of the High Court of Justice
, Chancery Division, in 1997 and was knighted.
His first instance decision in the case brought by Prince Jefri Bolkiah
of Brunei
against his accountants KPMG
was upheld by the House of Lords after being overturned by the Court of Appeal.
He was a regular speaker at the annual intellectual property conference at Fordham University
in New York
, and taught at the Max Planck Institute in Munich. He was the first British judge to join the enlarged board of appeal of the European Patent Office in Munich. At least from 1 January 2003 to 21 December 2004, he was a legally qualified external (non-permanent) member of the Enlarged Board of Appeal
of the European Patent Office
(EPO).
He was promoted to the Court of Appeal and appointed a Lord Justice of Appeal
upon the retirement of Lord Justice Chadwick on 4 November 2007.
In the summer of 2007, he was diagnosed as suffering from an arrhythmic heart condition combined with high blood pressure and high cholesterol. He died on 24 December 2007, aged 56, following a stroke. His funeral took place on 14 January 2008 in Temple Church
, London.
He lived in a flat in London, and also owned a house in Provence
in the South of France and a house in South Pool, Devon. In Provence, he kept bees and hunted truffles. He enjoyed cycling in earlier years, and later took to BMW motorcycles. He was a member of the Garrick Club
. A confirmed bachelor, he never married.
He also decided the case of Cantor Fitzgerald v Tradition UK, where he explained that the 3,000 out of 77,000 lines of copied source code by Traditions programers would be substantial, it not being important to substantiality what use the program made out of the code, i.e. whether it could function without it or not , but it would be a substantial if the part taken was original.
He further ruled in Sandman v Panasonic that a single create effort could result in both a literary and artistic copyright, giving the example of a calligraphic poem of a cat.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
. He served as a High Court judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
for 10 years, and was promoted to the Court of Appeal little more than a month before his sudden death.
Early life and education
The son of Peter and Maureen Pumfrey, Nicholas Pumfrey was brought up in BristolBristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...
, where his father was a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
. He was educated at St Edward's School, Oxford. In 1969, he matriculated at St Edmund Hall, Oxford
St Edmund Hall, Oxford
St Edmund Hall is one of the constituent colleges of the University of Oxford in England. Better known within the University by its nickname, "Teddy Hall", the college has a claim to being "the oldest academical society for the education of undergraduates in any university"...
, where he received his Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
(BA) in Physics
Physics
Physics is a natural science that involves the study of matter and its motion through spacetime, along with related concepts such as energy and force. More broadly, it is the general analysis of nature, conducted in order to understand how the universe behaves.Physics is one of the oldest academic...
in 1972. He also completed a degree in Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in 1974.
Career
Pumfrey was called to the Bar by the Middle TempleMiddle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in 1975, where he was made a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
in 1998. He specialised in intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law, and was a Junior Counsel to Her Majesty's Treasury (Patents) from 1987 to 1990, and was appointed a QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1990. He became a Judge of the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, Chancery Division, in 1997 and was knighted.
His first instance decision in the case brought by Prince Jefri Bolkiah
Prince Jefri Bolkiah
Prince Jefri Bolkiah, full name His Royal Highness Pengiran Digadong Sahibul Mal Pengiran Muda Jefri Bolkiah ibni Al-Marhum Sultan Haji Omar Ali Saifuddien Sa'adul Khairi Waddien , is a member of the Brunei Royal Family...
of Brunei
Brunei
Brunei , officially the State of Brunei Darussalam or the Nation of Brunei, the Abode of Peace , is a sovereign state located on the north coast of the island of Borneo, in Southeast Asia...
against his accountants KPMG
KPMG
KPMG is one of the largest professional services networks in the world and one of the Big Four auditors, along with Deloitte, Ernst & Young and PwC. Its global headquarters is located in Amstelveen, Netherlands....
was upheld by the House of Lords after being overturned by the Court of Appeal.
He was a regular speaker at the annual intellectual property conference at Fordham University
Fordham University
Fordham University is a private, nonprofit, coeducational research university in the United States, with three campuses in and around New York City. It was founded by the Roman Catholic Diocese of New York in 1841 as St...
in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, and taught at the Max Planck Institute in Munich. He was the first British judge to join the enlarged board of appeal of the European Patent Office in Munich. At least from 1 January 2003 to 21 December 2004, he was a legally qualified external (non-permanent) member of the Enlarged Board of Appeal
Appeal procedure before the European Patent Office
Decisions of the first instances of the European Patent Office can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure , as opposed to an administrative procedure. These boards act as the final instances in the granting and opposition procedures before the...
of the European Patent Office
European Patent Organisation
The European Patent Organisation is a public international organisation created in 1977 by its contracting states to grant patents in Europe under the European Patent Convention of 1973...
(EPO).
He was promoted to the Court of Appeal and appointed a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
upon the retirement of Lord Justice Chadwick on 4 November 2007.
In the summer of 2007, he was diagnosed as suffering from an arrhythmic heart condition combined with high blood pressure and high cholesterol. He died on 24 December 2007, aged 56, following a stroke. His funeral took place on 14 January 2008 in Temple Church
Temple Church
The Temple Church is a late-12th-century church in London located between Fleet Street and the River Thames, built for and by the Knights Templar as their English headquarters. In modern times, two Inns of Court both use the church. It is famous for its effigy tombs and for being a round church...
, London.
He lived in a flat in London, and also owned a house in Provence
Provence
Provence ; Provençal: Provença in classical norm or Prouvènço in Mistralian norm) is a region of south eastern France on the Mediterranean adjacent to Italy. It is part of the administrative région of Provence-Alpes-Côte d'Azur...
in the South of France and a house in South Pool, Devon. In Provence, he kept bees and hunted truffles. He enjoyed cycling in earlier years, and later took to BMW motorcycles. He was a member of the Garrick Club
Garrick Club
The Garrick Club is a gentlemen's club in London.-History:The Garrick Club was founded at a meeting in the Committee Room at Theatre Royal, Drury Lane on Wednesday 17 August 1831...
. A confirmed bachelor, he never married.
Judgments
Justice Pumfrey ruled on one of the most important copyright cases of the last decade in EasyJet v Navitaire where he found that the 'look and feel' of a computer program could not be protected by copyright law without access to the programs source code. The judgment is seen to be in line with the Directive on Computer Programs.He also decided the case of Cantor Fitzgerald v Tradition UK, where he explained that the 3,000 out of 77,000 lines of copied source code by Traditions programers would be substantial, it not being important to substantiality what use the program made out of the code, i.e. whether it could function without it or not , but it would be a substantial if the part taken was original.
He further ruled in Sandman v Panasonic that a single create effort could result in both a literary and artistic copyright, giving the example of a calligraphic poem of a cat.
Further references
- Judicial Communications Office, The Right Honourable Lord Justice Pumfrey, News Release 42-07, December 30, 2007
- Obituary, The HeraldThe Herald (Glasgow)The Herald is a broadsheet newspaper published Monday to Saturday in Glasgow, and available throughout Scotland. As of August 2011 it had an audited circulation of 47,226, giving it a lead over Scotland's other 'quality' national daily, The Scotsman, published in Edinburgh.The 1889 to 1906 editions...
, December 31, 2007 - Obituary, The Daily TelegraphThe Daily TelegraphThe Daily Telegraph is a daily morning broadsheet newspaper distributed throughout the United Kingdom and internationally. The newspaper was founded by Arthur B...
, December 31, 2007 - Obituary, The TimesThe TimesThe Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
, January 3, 2008 - Obituary, The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, January 5, 2008 - Obituary, The IndependentThe IndependentThe Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
, January 9, 2008