INTELLECTUAL PROPERTY ENTERPRISE COURT
Fetter Lane, London, EC4A 1NL
B e f o r e :
| (1) OOO ABBOTT
(a company incorporated in the Russian Federation)
(2) GODFREY VICTOR CHASMER
|- and -
|(1) DESIGN & DISPLAY LIMITED
(2) EUREKA DISPLAY LIMITED
Thomas St Quintin (instructed by Appleyard Lees) for the First Defendant
Christopher Hall (instructed by Walker Morris LLP) for the Second Defendant
Hearing date: 2 October 2014
Crown Copyright ©
Judge Hacon :
Whether the £500,000 cap applies in relation to all defendants or each of them
(1) In proceedings in the Intellectual Property Enterprise Court in which a claim is made for damages or an account of profits, the amount or value of that claim shall not exceed £500,000.
(2) In determining the amount or value of a claim for the purpose of paragraph (1), a claim for
(a) interest, other than interest payable under an agreement; or
shall be disregarded.
(3) Paragraph (1) shall not apply if the parties agree that the Intellectual Property Enterprise Court shall have jurisdiction to award damages or profits in excess of £500,000.
" the consideration of certainty plays an important part in the Patents County Court costs regime. The procedures applicable in the Patents County Court are to facilitate access to justice for small and medium sized enterprises in intellectual property disputes. The costs cap has an important role in facilitating access to justice in that it allows a litigant to be confident about its possible costs exposure if it loses the case."
Judge Birss appeared to allow for the possibility of a more flexible approach by the court to the costs cap if in other, unusual, facts the justice of the case warranted it and with the important proviso that the matter was raised by the time of the CMC (see paragraph 23).
The effect of Abbott's successful Part 36 offer
(3) Subject to paragraph (6), where rule 36.14(1)(b) applies, the court will, unless it considers it unjust to do so, order that the claimant is entitled to
(a) interest on the whole or part of any sum of money (excluding interest) awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date on which the relevant period expired;
(b) costs on the indemnity basis from the date on which the relevant period expired;
(c) interest on those costs at a rate not exceeding 10% above base rate; and
(d) an additional amount, which shall not exceed £75,000, calculated by applying the prescribed percentage set out below to an amount which is
(i) where the claim is or includes a money claim, the sum awarded to the claimant by the court; or
(ii) where the claim is only a non-monetary claim, the sum awarded to the claimant by the court in respect of costs
The 'prescribed percentage' referred to is 10% of the amount awarded where that is up to £500,000 and thereafter 5% up to £1,000,000. (The notes in the White Book suggest that the second limit of £1 million may not reflect the intent of the implementing legislation, but it makes no difference here.)