Samsung Electronics Co. Ltd & Ors v LG Display Co. Ltd & Anor (Costs) [2022] EWCA Civ 466 (06 April 2022)

Samsung Electronics Co. Ltd & Ors v LG Display Co. Ltd & Anor (Costs) [2022] EWCA Civ 466 (06 April 2022)

A clear and compelling justification is required to depart from guideline hourly rates; the circumstances of this one-day appeal did not warrant such departure, so costs were reduced accordingly.

Citation
[2022] EWCA Civ 466
Parties
Appellant/claimant: Samsung Electronics Co. Ltd; Appellant/claimant: Samsung Electronics Taiwan Co. Ltd; Appellant/claimant: Samsung Electronics (UK) Ltd; Appellant/claimant: Samsung Semiconductor Europe Ltd; Appellant/claimant: Samsung Display Co Ltd; Respondent/defendant: LG Display Co. Ltd; Respondent/defendant: LG Display Taiwan Co. Ltd
Jurisdiction
England and Wales
Judgment Date
06 April 2022
Procedural Posture
Appeal (civil) / Costs Judgment Following Appeal
Outcome
Costs summarily assessed in favour of the respondent at a reduced amount.
Legal Topics
Costs, Summary Assessment, Guideline Hourly Rates
Civil Procedure Commercial Law Costs Summary Assessment Guideline Hourly Rates

Case Brief

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Parties

Samsung Electronics Co. Ltd

Appellant/claimant

Samsung Electronics Taiwan Co. Ltd

Appellant/claimant

Samsung Electronics (UK) Ltd

Appellant/claimant

Samsung Semiconductor Europe Ltd

Appellant/claimant

Samsung Display Co Ltd

Appellant/claimant

LG Display Co. Ltd

Respondent/defendant

LG Display Taiwan Co. Ltd

Respondent/defendant

Procedural Posture

Appeal (civil) / Costs Judgment Following Appeal

Legal Issues

  1. 1 Whether the respondent's claimed costs, exceeding guideline hourly rates, should be allowed in full or reduced on summary assessment

Ratio Decidendi

A clear and compelling justification is required to depart from guideline hourly rates; the circumstances of this one-day appeal did not warrant such departure, so costs were reduced accordingly.

Court Disposition

Costs summarily assessed in favour of the respondent at a reduced amount.

Orders

  • LG Display to recover £55,000 as costs of the appeal, summarily assessed.