Saint-Gobain Pam SA v Fusion Provida Ltd & Anor [2005] EWCA Civ 258 (25 February 2005)

Saint-Gobain Pam SA v Fusion Provida Ltd & Anor [2005] EWCA Civ 258 (25 February 2005)

The respondent is entitled to all costs of the appeal, including the respondent's notice, as it was a proper procedural step. No discount is warranted despite the respondent's notice not succeeding. Interest at the judgment rate is awarded on costs in this court. Orders regarding interest on costs before the trial judge and certificates of contested validity are not appropriate for this court to make. Permission to appeal is a matter for the House of Lords.

Citation
[2005] EWCA Civ 258
Parties
Claimant/respondent: Saint-Gobain PAM SA; Defendant/appellant: Fusion Provida Limited; Defendant/appellant: Electrosteel Castings Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2005
Procedural Posture
Appeal (civil) / Judgment on Costs Following Appeal Decision
Outcome
Costs awarded to respondent; other applications refused or reserved.
Legal Topics
Costs, Appeal Procedure, Interest on Costs, Certificate of Contested Validity, Permission to Appeal
Civil Procedure Intellectual Property Costs Appeal Procedure Interest on Costs Certificate of Contested Validity Permission to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Saint-Gobain PAM SA

Claimant/respondent

Fusion Provida Limited

Defendant/appellant

Electrosteel Castings Limited

Defendant/appellant

Procedural Posture

Appeal (civil) / Judgment on Costs Following Appeal Decision

Legal Issues

  1. 1 Whether the successful respondent should receive all costs of the appeal including the respondent's notice
  2. 2 Whether interest should be awarded on costs
  3. 3 Whether a certificate of contested validity should be granted

Ratio Decidendi

The respondent is entitled to all costs of the appeal, including the respondent's notice, as it was a proper procedural step. No discount is warranted despite the respondent's notice not succeeding. Interest at the judgment rate is awarded on costs in this court. Orders regarding interest on costs before the trial judge and certificates of contested validity are not appropriate for this court to make. Permission to appeal is a matter for the House of Lords.

Court Disposition

Costs awarded to respondent; other applications refused or reserved.

Orders

  • Respondent awarded all costs of the appeal, including costs of the respondent's notice
  • Interest at the judgment rate on costs in the Court of Appeal awarded