Dawe v IDG Communications Ltd & Anor [2013] EWPCC 33 (18 July 2013)

Dawe v IDG Communications Ltd & Anor [2013] EWPCC 33 (18 July 2013)

The Defendant is entitled to its costs of the main claim, assessed at a reduced rate and time due to excessive seniority and lack of delegation, while the Defendant must pay the Part 20 Defendant's costs as the Part 20 Claim was inappropriate and failed or was discontinued.

Citation
[2013] EWPCC 33
Parties
Claimant: Nick Dawe; Defendant and Part 20 Claimant: IDG Communications Limited; Part 20 Defendant: Fairfax Media Limited
Jurisdiction
England and Wales
Judgment Date
18 July 2013
Procedural Posture
Copyright Infringement and Part 20 Indemnity Claim / Post Trial Costs Judgment
Outcome
Claimant to pay Defendant's costs of the main claim; Defendant to pay Part 20 Defendant's costs of the Part 20 Claim.
Legal Topics
Copyright Assignment, Exclusive Licence, Costs Assessment, Part 20 Claims, Civil Procedure Rules Part 45
Intellectual Property Civil Procedure Copyright Assignment Exclusive Licence Costs Assessment Part 20 Claims Civil Procedure Rules Part 45

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Parties

Nick Dawe

Claimant

IDG Communications Limited

Defendant and Part 20 Claimant

Fairfax Media Limited

Part 20 Defendant

Procedural Posture

Copyright Infringement and Part 20 Indemnity Claim / Post Trial Costs Judgment

Legal Issues

  1. 1 Who is the overall winner for costs purposes?
  2. 2 Appropriate costs orders for main claim and Part 20 Claim
  3. 3 Proper application of Civil Procedure Rules Part 45 Section VII

Ratio Decidendi

The Defendant is entitled to its costs of the main claim, assessed at a reduced rate and time due to excessive seniority and lack of delegation, while the Defendant must pay the Part 20 Defendant's costs as the Part 20 Claim was inappropriate and failed or was discontinued.

Court Disposition

Claimant to pay Defendant's costs of the main claim; Defendant to pay Part 20 Defendant's costs of the Part 20 Claim.

Orders

  • Claimant to pay Defendant £10,518.75 in costs: £5,000 within 28 days, balance of £5,518.75 within 28 days thereafter, with liberty to apply for instalments.
  • Defendant to pay Part 20 Defendant £9,750 in costs within 28 days.