We analyze whether another company is using your intellectual property without your permission, thereby infringing upon your rights and
we recommend a particular course of action depending upon the facts.
Instead, the judge preferred the test articulated by the Scottish Supreme Court in Montgomery v Lanarkshire Health Board [2015] UKSC 11, that the duty when advising a client
of the risks
of taking a
particular course of action is: «to take reasonable care to ensure the [individual] is aware
of any material risks involved in any
recommended [
course of action], and
of any reasonable alternative».