Magmatic Ltd v PMS International Group Plc [2014] EWCA Civ 408 (10 April 2014)

Magmatic Ltd v PMS International Group Plc [2014] EWCA Civ 408 (10 April 2014)

PMS is now the overall winner following the appeal and is entitled to recover 45% of its trial costs, reflecting both its success and the discrete issues on which Magmatic succeeded. PMS is also entitled to a payment on account of 50% of its proportion of trial costs and 60% of its appeal costs. Permission to appeal to the Supreme Court is refused as no point of general public importance arises.

Citation
[2014] EWCA Civ 408
Parties
Claimant/respondent: Magmatic Ltd; Defendant/appellant: PMS International Group Plc
Jurisdiction
England and Wales
Judgment Date
10 April 2014
Procedural Posture
Civil Appeal / Post Judgment Ruling on Costs and Consequential Orders
Outcome
Appeal allowed in part; costs order varied; permission to appeal refused; no stay granted.
Legal Topics
Costs, Registered Designs, Unregistered Design Rights, Copyright, Passing Off, Appeals
Intellectual Property Civil Procedure Costs Registered Designs Unregistered Design Rights Copyright Passing Off Appeals

Case Brief

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Parties

Magmatic Ltd

Claimant/respondent

PMS International Group Plc

Defendant/appellant

Procedural Posture

Civil Appeal / Post Judgment Ruling on Costs and Consequential Orders

Legal Issues

  1. 1 Appropriate apportionment of trial costs following appeal outcome
  2. 2 Entitlement to payment on account of costs
  3. 3 Permission to appeal to Supreme Court

Ratio Decidendi

PMS is now the overall winner following the appeal and is entitled to recover 45% of its trial costs, reflecting both its success and the discrete issues on which Magmatic succeeded. PMS is also entitled to a payment on account of 50% of its proportion of trial costs and 60% of its appeal costs. Permission to appeal to the Supreme Court is refused as no point of general public importance arises.

Court Disposition

Appeal allowed in part; costs order varied; permission to appeal refused; no stay granted.

Orders

  • PMS awarded 45% of its trial costs.
  • PMS entitled to payment on account: 50% of its proportion of trial costs and 60% of its appeal costs.