1-800 Flowers Inc v Phonenames Ltd: CA 17 May 2001

When making a summary assessment of costs, the court should look primarily to the facts of the particular case before it. It would be proper to bear in mind its own experience of comparable cases. Having made that assessment, it was also proper to look at the total claimed to judge whether it was reasonable and proportionate.
Nevertheless, it was wrong to seek to turn such experience into an informal scale of costs. The summary costs jurisdiction is not to be used as a vehicle for the introduction of judicial tariffs for different categories of cases.


Times 09-Jul-2001, Gazette 12-Jul-2001, [2002] FSR 191, [2001] EWCA Civ 721, (2001) 24(7) IPD 24042, [2002] Masons CLR 5, [2001] 2 Costs LR 286




England and Wales

Cited by:

CitedBonnier Media Limited v Smith and Kestrel Trading Corporation SCS 1-Jul-2002
The defenders registered internet domain names. The claimants alleged an intended infringement of their trade marks, saying the defenders had a history of opening sites intended to deceive. The defenders who were resident in Greece said that the . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules, Intellectual Property

Updated: 10 May 2022; Ref: scu.77563