Merck KGaA v Merck Sharp & Dohme Corp & Ors (Costs) [2014] EWHC 3920 (Ch) (21 November 2014)

Merck KGaA v Merck Sharp & Dohme Corp & Ors (Costs) [2014] EWHC 3920 (Ch) (21 November 2014)

The Claimant, as the successful party on the discrete preliminary issue, is entitled to its costs of that issue, and there is no sufficient reason to depart from the general rule or to make a percentage or 'costs in the case' order.

Citation
[2014] EWHC 3920 (Ch)
Parties
Claimant: Merck KGaA; Defendants: Merck Sharp & Dohme Corp & Others
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Costs Judgment Following Preliminary Issue Determination / Post Judgment, Costs Determination
Outcome
Defendants ordered to pay Claimant's costs of the preliminary issue, assessed on the standard basis if not agreed, with interest; interim payment of £220,000 ordered.
Legal Topics
Costs, Preliminary Issues, CPR R 44.2
Civil Procedure Costs Preliminary Issues CPR R 44.2

Case Brief

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Parties

Merck KGaA

Claimant

Merck Sharp & Dohme Corp & Others

Defendants

Procedural Posture

Costs Judgment Following Preliminary Issue Determination / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether Defendants should pay Claimant's costs of the preliminary issue
  2. 2 Whether costs should be in the case or a percentage awarded
  3. 3 Quantum of interim payment on account of costs

Ratio Decidendi

The Claimant, as the successful party on the discrete preliminary issue, is entitled to its costs of that issue, and there is no sufficient reason to depart from the general rule or to make a percentage or 'costs in the case' order.

Court Disposition

Defendants ordered to pay Claimant's costs of the preliminary issue, assessed on the standard basis if not agreed, with interest; interim payment of £220,000 ordered.

Orders

  • Defendants to pay Claimant's costs of the preliminary issue.
  • Costs to be assessed on the standard basis if not agreed.