Kerry Underwood

ASSESSMENT OF COSTS UNDER SHORTER TRIALS SCHEME

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Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

In

Eli Lilly & Co v Genentech Inc [2020] EWHC 564 (Pat)

the costs had to be determined following the decision in the trial of a preliminary issue in a case involving a divisional of a Genentech patent in which there had been a previous action between the same parties relating to the parent patent.

The trial had been held under the shorter trials scheme governed by Civil Procedure Rules Practice Direction 57AB.

The court rejected the defendant’s argument that paragraph 2.59 of Practice Direction 57AB, which provided for a summary assessment of the costs to be made, did not apply because of exceptional circumstances.

The judge held that the mere fact that substantial costs – over £1.5 million – had been incurred was not, of itself, exceptional.

In this case, the preliminary issue had been an attempt to avoid a trial on the same very large scale as the first action., where the costs had exceeded £11 million.

Costs would be summarily assessed.

 

Comment

Surely it is time to cap costs in any case – say a maximum of £250,000. If you can’t get your point across within that budget – then you are in the wrong profession.

Written by kerryunderwood

April 9, 2020 at 1:48 pm

Posted in Uncategorized

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