Kerry Underwood

IMMEDIATE COSTS AWARD IN FAILED APPLICATION FOR INTERIM INJUNCTION

with 2 comments


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

In

Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd and another [2020] EWHC 1468 (Pat)

the Patents Court held that the costs of an application for an interim injunction, refused because damages were an adequate remedy, should be decided immediately and not reserved to the trial judge.

The court thus distinguished the approach in such cases as compared with the approach to costs where the application for an interim injunction is granted, based on the balance of convenience as per the very recent case of –

Koza Ltd and another v Koza Altin Isletmeleri AS [2020] EWHC 1092 (Ch) (12 May 2020)

all written up in my blog of 18 May 2020 –

COSTS OF APPLICATIONS FOR INTERIM INJUNCTION DECIDED ON BALANCE OF CONVENIENCE.

The general situation in such cases is that, absent any special factor, the court normally reserves costs until after trial, although this is not an absolute rule, and indeed in that case did make an immediate costs order.

Broadly, where an interim injunction is granted, it is not correct to say that the defendant is the unsuccessful party, or that the claimant is the successful party as the idea of an interlocutory injunction is simply to “hold the ring” until trial when the dispute between the parties can properly be decided.

The position is different when an interim injunction is refused, as that does effectively mean a defeat for the claimant on that point.

Thus, generally, a claimant who loses an application for an interlocutory injunction can expect to have an immediate award of costs against it, but a claimant who succeeds on an interlocutory injunction is generally likely to find costs reserved until after the trial.

Written by kerryunderwood

June 12, 2020 at 10:26 am

Posted in Uncategorized

2 Responses

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  1. £182k costs, just for D, to defend an application for an interim injunction over 2 days, with a judgement running to only 92 paragraphs. Something is wrong with the system. This should only cost in the very low thousands.

    Anonymous

    June 12, 2020 at 11:14 am


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