Brown v MCASSO Music Production Ltd. [2005] EWCA Civ 620 (11 May 2005)

Brown v MCASSO Music Production Ltd. [2005] EWCA Civ 620 (11 May 2005)

Permission to appeal on costs was granted because there were arguable reasons that the judge may have erred in principle by awarding all costs against the claimant, given the absence of a Part 36 offer and the circumstances of the settlement breakdown.

Citation
[2005] EWCA Civ 620
Parties
Claimant/applicant: Locksley Brown; Defendant/respondent: Mcasso Music Production Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2005
Procedural Posture
Appeal / Permission to Appeal on Costs
Outcome
Permission to appeal on costs granted
Legal Topics
Costs, Copyright Infringement, Offers to Settle, Judicial Discretion
Civil Procedure Intellectual Property Costs Copyright Infringement Offers to Settle Judicial Discretion

Case Brief

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Parties

Locksley Brown

Claimant/applicant

Mcasso Music Production Limited

Defendant/respondent

Procedural Posture

Appeal / Permission to Appeal on Costs

Legal Issues

  1. 1 Whether the trial judge erred in awarding all costs against the claimant despite partial success and absence of a Part 36 offer
  2. 2 Whether pre-action and post-action settlement offers were properly considered in the costs decision

Ratio Decidendi

Permission to appeal on costs was granted because there were arguable reasons that the judge may have erred in principle by awarding all costs against the claimant, given the absence of a Part 36 offer and the circumstances of the settlement breakdown.

Court Disposition

Permission to appeal on costs granted

Orders

  • Application allowed
  • Costs of the application to be in the appeal