Saint-Gobain Pam SA v Fusion Provida Ltd & Anor

Saint-Gobain Pam SA v Fusion Provida Ltd & Anor

The respondent is entitled to all costs of the appeal, including the respondent's notice, as it was proper, and no discount is warranted. Costs will not be assessed summarily. Interest at judgment rate is awarded on appellate costs. No order is made regarding interest on trial costs, certificate of contested validity, or permission to appeal.

Parties
Claimant/respondent: Saint-Gobain PAM SA; Defendant/appellant: Fusion Provida Limited; Defendant/appellant: Electrosteel Castings Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2005
Procedural Posture
Civil Appeal / Judgment on Costs After Appeal
Outcome
Costs awarded to respondent; other applications refused or deferred.
Legal Topics
Costs, Appeal Procedure, Interest on Costs, Certificate of Contested Validity
Civil Procedure Intellectual Property Costs Appeal Procedure Interest on Costs Certificate of Contested Validity

Case Brief

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Parties

Saint-Gobain PAM SA

Claimant/respondent

Fusion Provida Limited

Defendant/appellant

Electrosteel Castings Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs After Appeal

Legal Issues

  1. 1 Whether the successful respondent should receive all costs of the appeal including the respondent's notice
  2. 2 Whether costs should be assessed summarily
  3. 3 Whether interest should be ordered on costs of the action before the trial judge

Ratio Decidendi

The respondent is entitled to all costs of the appeal, including the respondent's notice, as it was proper, and no discount is warranted. Costs will not be assessed summarily. Interest at judgment rate is awarded on appellate costs. No order is made regarding interest on trial costs, certificate of contested validity, or permission to appeal.

Court Disposition

Costs awarded to respondent; other applications refused or deferred.

Orders

  • Respondent awarded all costs of the appeal, including the respondent's notice
  • Costs not assessed summarily