133-137 Fetter Lane
London EC4A 1HD
B e f o r e :
| INDIGO FURNITURE LIMITED
|- and -
|(1) FUTURELOOK LIMITED
(2) ANDREW CONAWAY
The defendant was not represented
Crown Copyright ©
His Honour Judge Birss QC :
"the First Defendant shall pay the Claimant its costs of and incidental to this Action down to and including this Order those costs being summarily assessed at £8625 (exclusive of VAT) in accordance with the fixed costs scheme for this Court outlined in Part 45.41 of the CPR, such costs to be paid within 14 days."
7. (i) the First Defendant shall pay the Claimant its costs of this Action
(ii) the Claimant may apply for a summary assessment of its costs within 21 days.
The claimant claims its costs in accordance with the fixed fee structure of the Patents County Court. When dealing with cases in the Patents County Court, McDaniel & Co. Solicitors charge the set maximum fixed fees for each stage of the case as allowed by the Rules. Costs claimed are set out in the attached schedule.
Time is generally charged on the hourly basis as set out in the attached costs schedule. At present, time billed on this matter equates to £11,737.90. Prior to McDaniel & Co. being instructed, Indigo Furniture Limited had previously instructed Eversheds LLP and had already paid bills amounting to approximately £17,000. The Court will note from the attached, costs claimed are vastly lower than the time billed with the claimant being charged a fixed fee in line with the new PCC regime.
As the claimant is VAT registered it does not require repayment of the VAT by the defendants.
(i) the hourly rates for the partner and solicitors in question (£217 and £161);
(ii) a statement that the fixed rates charged by McDaniel & Co. are set out in a table, (which reproduces the relevant parts of Table A in Section 25 of the Costs Practice Direction (Part 45) applicable in the Patents County Court);
(iii) an indication that the actions undertaken in the present case are "preparing case and drafting Particulars of Claim" with costs of £6,125.00 as well as "Making application for default judgment" with costs of £2,500; and
(iv) a statement in standard form that: "The costs stated above do not exceed the costs which the claimant is liable to pay in respect of the work which this statement covers. Counsel's fees and other expenses have been incurred in the amounts stated above and will be paid to the persons stated".