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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Hughes v Paxman [2006] EWCA Civ 887 (04 July 2006)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2006/887.html
Cite as: [2006] EWCA Civ 887
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION (PATENTS COURT)
The Hon Mr Justice Kitchin
CH/2005/APP/0429
Strand, London, WC2A 2LL |
||
B e f o r e :
LORD JUSTICE JACOB
and
LORD JUSTICE NEUBERGER
____________________
| Derek Hughes |
Appellant/ Respondent |
|
| - and - |
||
| Neil Paxman |
Respondent/ Applicant |
____________________
Smith Bernal WordWave Limited
190 Fleet Street, London EC4A 2AG
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Official Shorthand Writers to the Court)
Appellant/Respondent
Piers Acland and Ulick Staunton (instructed by Messrs Lupton Fawcett)
for the Respondent/Applicant
____________________
Crown Copyright ©
- Following our main judgment given on 23 June 2006, there are three points in dispute concerning the consequential order.
- Mr Hughes seeks an order from this court to the effect that Mr Paxman should serve an amended Statement of Grounds in the Patent Office. It is not the function of this Court to give procedural directions for proceedings in the Patent Office, the matter must be left to the Comptroller.
- It is suggested that Mr Paxman, who succeeded both before Kitchin J and this Court, should nonetheless not receive his full costs because the Statement of Grounds sought more than could be granted. We do not think that this minor point is sufficient to justify any reduction in costs.
- As to the amount of costs in this Court, we are willing to assess them. The amount claimed in the Court of Appeal is £30,238. We have a statement of costs and a supplemental statement of costs. We think there was a certain amount of unnecessary work indicated and think the appropriate figure is £25,000.
- Finally we are asked to give leave to appeal to the House of Lords. We do not think it would be right for this Court to grant such leave.
- The parties are asked to liaise over the final form of the order and send it to the Court as soon as is practicable.
Lord Justice Jacob (giving the judgment of the court):