The court refused to make an order for a payment of interim costs when the substantive claim for costs remained to be heard. The claimant had accepted a payment in entitling it to its costs, but now sought an interim award before the full costs could be assessed.
Any rule allowing a judge to make such an assessment could not apply where the judge had not heard the substantive claim. In this case the costs judge would be blind to the underlying issues. Application refused.
Judges:
Laddie J
Citations:
Times 18-Mar-2003, Gazette 17-Apr-2003, [2003] EWHC 624 (Pat), [2004] 1 WLR 1264
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also – Dyson Appliances Ltd v Hoover Ltd PatC 3-Oct-2000
The plaintiff alleged infringement of its European Patent in a vacuum cleaning appliance. The defendants sought its revocation on the statutory grounds of lack of novelty, obviousness and insufficiency, and for threats. . .
See Also – Dyson Appliances Ltd v Hoover Ltd PatC 5-Apr-2001
The claimant had obtained injunctive relief against the defendant for patent infringement. Only twelve months of the patent remained, and the claimants applied for an extension of the injunction twelve months beyond the patent expiry, and for other . .
See Also – Dyson Appliances Limited v Hoover Limited CA 4-Oct-2001
Hoover appealed a finding that Dyson’s patent was valid and infringed. They asserted the patent was not novel in the light of a US patent, and even so was obvious. One test was whether an application of the claimed patent would inevitably infringe . .
See Also – Dyson Appliances Limited v Hoover Limited (No 3) ChD 21-Oct-2002
The plaintiff had accepted a payment in which was more advantageous than its own offer of settlement. It now sought costs on an indemnity rather than a standard basis. They argued that under the rule they were entitled to costs on an indemnity basis . .
Cited by:
Cited – Simms and others v The Law Society CA 12-Jul-2005
The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor . .
Lists of cited by and citing cases may be incomplete.
Costs, Civil Procedure Rules, Intellectual Property
Updated: 04 May 2022; Ref: scu.180956