Martin & Anor v Kogan & Ors

Martin & Anor v Kogan & Ors

In IPEC, a successful claimant's Part 36 offer does not automatically remove the costs caps; instead, the cap on each stage of costs is raised by 25% and the overall cap is increased to £62,500, unless there is serious misconduct. Part 20 claims attract separate costs caps. Defendant's successful Part 36 offers do not raise the caps. The court retains discretion to avoid injustice.

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) / Post Trial, Costs Ruling
Outcome
Costs awarded to Claimants and Part 20 Defendants, with payment due within 14 days.
Legal Topics
Copyright Authorship, Costs, Part 36 Offers, Costs Caps, Part 20 Claims
Intellectual Property Civil Procedure Copyright Authorship Costs Part 36 Offers Costs Caps Part 20 Claims

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) / Post Trial, Costs Ruling

Legal Issues

  1. 1 Effect of successful Part 36 offers on costs in IPEC
  2. 2 Whether IPEC costs caps are overridden by Part 36 offers
  3. 3 Application of costs caps to Part 20 claims

Ratio Decidendi

In IPEC, a successful claimant's Part 36 offer does not automatically remove the costs caps; instead, the cap on each stage of costs is raised by 25% and the overall cap is increased to £62,500, unless there is serious misconduct. Part 20 claims attract separate costs caps. Defendant's successful Part 36 offers do not raise the caps. The court retains discretion to avoid injustice.

Court Disposition

Costs awarded to Claimants and Part 20 Defendants, with payment due within 14 days.

Orders

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