Aktiebolag & Anor v Irish Ferries Ltd. [2003] EWCA Civ 214 (13 February 2003)

Aktiebolag & Anor v Irish Ferries Ltd. [2003] EWCA Civ 214 (13 February 2003)

The judge was entitled to adopt an issue-based approach to costs in this case, given the discrete nature of the section 60(5)(d) issue and the broader patent action. There was no error of principle in the judge's exercise of discretion, and the costs order reflected the outcome and complexity of the respective issues.

Citation
[2003] EWCA Civ 214
Parties
Claimant/appellant: Stena Rederi Aktiebolag; Claimant/appellant: Stena Line Aktiebolag; Defendant/respondent: Irish Ferries Limited
Jurisdiction
England and Wales
Judgment Date
13 February 2003
Procedural Posture
Appeal (civil) / Appeal From High Court (patents Court) on Costs Order
Outcome
Appeal on costs dismissed
Legal Topics
Costs, Patents, Issue Based Costs Orders
Civil Procedure Intellectual Property Costs Patents Issue Based Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Stena Rederi Aktiebolag

Claimant/appellant

Stena Line Aktiebolag

Claimant/appellant

Irish Ferries Limited

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From High Court (patents Court) on Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in adopting an issue-based approach to costs in a patent action
  2. 2 Whether the costs order was consistent with CPR 44.3

Ratio Decidendi

The judge was entitled to adopt an issue-based approach to costs in this case, given the discrete nature of the section 60(5)(d) issue and the broader patent action. There was no error of principle in the judge's exercise of discretion, and the costs order reflected the outcome and complexity of the respective issues.

Court Disposition

Appeal on costs dismissed

Orders

  • Appeal on costs dismissed with costs
  • Counsel to lodge a draft minute of order