Martin & Anor v Kogan & Ors [2017] EWHC 3266 (IPEC) (13 December 2017)

Martin & Anor v Kogan & Ors [2017] EWHC 3266 (IPEC) (13 December 2017)

The court held that successful Part 36 offers by claimants in IPEC may justify raising the costs caps, but only to a limited extent (25% uplift, overall cap £62,500), and that Part 20 claims attract separate costs caps. The court awarded costs to the Claimants and Part 20 Defendants within the standard caps, with interest to be calculated, and ordered payment within 14 days.

Citation
[2017] EWHC 3266 (IPEC)
Parties
Claimant: Nicholas Martin; Claimant: Big Hat Stores Limited; Defendant/part 20 Claimant: Julia Kogan; Part 20 Defendant: Florence Film Limited; Part 20 Defendant: Pathé Productions Limited; Part 20 Defendant: Qwerty Films Limited
Jurisdiction
England and Wales
Judgment Date
13 December 2017
Procedural Posture
Intellectual Property/copyright Dispute With Part 20 Claim / Post Trial, Costs Judgment
Outcome
Costs awarded to Claimants and Part 20 Defendants, to be paid by Defendant/Part 20 Claimant within 14 days, with interest to be calculated.
Legal Topics
Copyright Authorship, Costs Consequences of Part 36 Offers, IPEC Costs Caps, Part 20 Claims, Interest on Costs
Intellectual Property Civil Procedure Copyright Authorship Costs Consequences of Part 36 Offers IPEC Costs Caps Part 20 Claims Interest on Costs

Case Brief

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Parties

Nicholas Martin

Claimant

Big Hat Stores Limited

Claimant

Julia Kogan

Defendant/part 20 Claimant

Florence Film Limited

Part 20 Defendant

Pathé Productions Limited

Part 20 Defendant

Qwerty Films Limited

Part 20 Defendant

Procedural Posture

Intellectual Property/copyright Dispute With Part 20 Claim / Post Trial, Costs Judgment

Legal Issues

  1. 1 Effect of successful Part 36 offers on IPEC costs caps
  2. 2 Whether Part 20 claims attract separate costs caps
  3. 3 Implementation of CPR 36.17(4)(b) in IPEC

Ratio Decidendi

The court held that successful Part 36 offers by claimants in IPEC may justify raising the costs caps, but only to a limited extent (25% uplift, overall cap £62,500), and that Part 20 claims attract separate costs caps. The court awarded costs to the Claimants and Part 20 Defendants within the standard caps, with interest to be calculated, and ordered payment within 14 days.

Court Disposition

Costs awarded to Claimants and Part 20 Defendants, to be paid by Defendant/Part 20 Claimant within 14 days, with interest to be calculated.

Orders

  • Ms Kogan to pay Claimants £50,790 plus interest within 14 days.
  • Ms Kogan to pay Part 20 Defendants £25,820 plus interest within 14 days.