Wilson v Yahoo! UK Ltd & Ors [2008] EWHC 487 (Ch) (25 February 2008)

Wilson v Yahoo! UK Ltd & Ors [2008] EWHC 487 (Ch) (25 February 2008)

Given the technical nature of the case, absence of bad faith or dishonesty, and the modest scale of proceedings, costs should be awarded on the standard basis, not indemnity. The claimant should have the protection of proportionality, and a detailed assessment by a Costs Judge is appropriate. An interim payment of £15,000 on account of costs is ordered.

Citation
[2008] EWHC 487 (Ch)
Parties
Claimant: Victor Andrew Wilson; Defendants: Yahoo! UK Limited & Others
Jurisdiction
England and Wales
Judgment Date
25 February 2008
Procedural Posture
Civil (chancery Division) / Post Judgment, Costs Determination
Outcome
Claim struck out as disclosing no reasonable cause of action and recorded as totally without merit; costs awarded to defendants on the standard basis, subject to detailed assessment; interim payment of £15,000 ordered; interest on costs at base rate plus 1%.
Legal Topics
Costs, Strike Out, Trade Marks, Summary Assessment, Indemnity Costs
Civil Procedure Intellectual Property Costs Strike Out Trade Marks Summary Assessment Indemnity Costs

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Victor Andrew Wilson

Claimant

Yahoo! UK Limited & Others

Defendants

Procedural Posture

Civil (chancery Division) / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on the standard or indemnity basis
  2. 2 Whether a summary or detailed assessment of costs is appropriate
  3. 3 Whether an interim payment on account of costs should be ordered

Ratio Decidendi

Given the technical nature of the case, absence of bad faith or dishonesty, and the modest scale of proceedings, costs should be awarded on the standard basis, not indemnity. The claimant should have the protection of proportionality, and a detailed assessment by a Costs Judge is appropriate. An interim payment of £15,000 on account of costs is ordered.

Court Disposition

Claim struck out as disclosing no reasonable cause of action and recorded as totally without merit; costs awarded to defendants on the standard basis, subject to detailed assessment; interim payment of £15,000 ordered; interest on costs at base rate plus 1%.

Orders

  • Claim struck out as disclosing no reasonable cause of action
  • Claim recorded as totally without merit for CPR 3.4 purposes