Brugger v Medic-Aid Ltd: PatC 1996

The defendant had admitted copying B’s drawings and designs for the creation of a nebulizer. To assist its election on damages, B sought preparation of details of the sales including costs and sale prices. When B also sought statutory damages, M said that having omitted it from the statement of claim, it was too late to make such a claim, and that the consideration of the costs were to be deferred pending the outcome of the inquiry, having made a Calderbank offer and given undrtakings as to future conduct. B argued that the letter alone was insufficent and that a payment in should have been made.
Held: The costs were allowed. It was wrong to require so much work of M. The court set out what was required to allow the claimants to make an informed election based on estimates.
Statutory damages were not exemplary damages, and B should be allowed to amend and pursue that element.


Jacob J


[1996] FSR 362


Copyright Designs and Patents Act 1988 97, Rules of the Supreme Court Ord 18.8 Ord 62.9


CitedCassell and Co Ltd v Broome and Another CA 24-Mar-1971
. .
CitedCassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Costs

Updated: 02 May 2022; Ref: scu.420016