Kerry Underwood

PATENTS COUNTY COURT AND CAPPED COSTS

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PATENTS COUNTY COURT
CAPS
Patents County Court cases are subject to costs caps of £50,000 on the final determination of liability and £25,000 on an inquiry as to damages or account of profits.

In Azzuri Communications Limited v International Telecommunications Equipment Limited trading as SOS Communications [2013] EWPCC 22, 16 April 2013

the successful claimant argued that as the trial included a determination of liability and a decision on quantum he was entitled to £75,000, being the sum of both caps.

The court disagreed, holding that where there was only one set of proceedings with one trial then only one cap, that of £50,000 applied. The rules only contemplated separate caps if there were separate proceedings.

 

PATENTS COUNTY COURT
CONDITIONAL FEE AGREEMENTS

In Jodie Henderson v All Around The World Recordings Limited [2013] EWPCC 19, 27 March 2013

the claimant had entered into a conditional fee agreement with her solicitor and had taken out after-the-event insurance.

The issue was whether those recoverable additional liabilities came within the cap, or were in addition to it.

The court held that “costs” included additional liabilities, both within the cap and by reference to scale costs and therefore no additional liabilities were recoverable.

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Written by kerryunderwood

July 24, 2013 at 11:28 am

Posted in Uncategorized

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