Bristol-Myers Squibb Company v. Baker Norton Pharmaceuticals Inc and Napro Biotherapeutics Inc [2001] EWCA Civ 414 (28th March, 2001)

Bristol-Myers Squibb Company v. Baker Norton Pharmaceuticals Inc and Napro Biotherapeutics Inc [2001] EWCA Civ 414 (28th March, 2001)

The Court of Appeal's order setting aside the entire costs order of the judge was an accidental slip, as it was not the Court's intention to deprive the respondents of accrued interest on costs; the slip rule (CPR 40.12) permits correction of the order to reflect the Court's true intention, which was only to remove the restriction on recovery of one set of costs, not to alter the general right to costs or accrued interest.

Citation
[2001] EWCA Civ 414
Parties
Claimant/appellant: Bristol-Myers Squibb Company; First Defendant/respondent: Baker Norton Pharmaceuticals Inc; Second Defendant/respondent: Napro Biotherapeutics Inc
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Application to Vary Court of Appeal Order on Costs
Outcome
Application to vary order allowed
Legal Topics
Costs, Slip Rule, Patent Infringement, Interest on Costs
Civil Procedure Intellectual Property Costs Slip Rule Patent Infringement Interest on Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Bristol-Myers Squibb Company

Claimant/appellant

Baker Norton Pharmaceuticals Inc

First Defendant/respondent

Napro Biotherapeutics Inc

Second Defendant/respondent

Procedural Posture

Civil Appeal / Application to Vary Court of Appeal Order on Costs

Legal Issues

  1. 1 Whether the Court of Appeal's order on costs contained an accidental slip depriving respondents of accrued interest
  2. 2 Whether the slip rule (CPR 40.12) permits correction of the order to restore entitlement to interest from the date of the original judgment

Ratio Decidendi

The Court of Appeal's order setting aside the entire costs order of the judge was an accidental slip, as it was not the Court's intention to deprive the respondents of accrued interest on costs; the slip rule (CPR 40.12) permits correction of the order to reflect the Court's true intention, which was only to remove the restriction on recovery of one set of costs, not to alter the general right to costs or accrued interest.

Court Disposition

Application to vary order allowed

Orders

  • Order of 23rd May 2000 amended to remove the restriction on recovery of one set of costs and to restore entitlement to accrued interest from the date of the original judgment
  • Each party to pay its own costs of the application