Magmatic Ltd v PMS International Group Plc

Magmatic Ltd v PMS International Group Plc

PMS is now the overall winner and entitled to recover 45% of its trial costs from Magmatic, reflecting the reversal on the CRD issue, the discrete nature of issues, and the parties' relative success. PMS is entitled to a payment on account of 50% of that proportion of its 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. No stay of enquiries is granted pending any application for permission to appeal.

Parties
Claimant/respondent: Magmatic Ltd; Defendant/appellant: PMS International Group Plc
Jurisdiction
England and Wales
Judgment Date
10 April 2014
Procedural Posture
Civil Appeal / Ruling on Costs and Consequential Orders After Appeal
Outcome
PMS awarded 45% of its trial costs; payment on account ordered; permission to appeal refused; stay refused.
Legal Topics
Costs, Registered Designs, Unregistered Design Rights, Copyright, Passing Off, Appeal Procedure
Intellectual Property Civil Procedure Costs Registered Designs Unregistered Design Rights Copyright Passing Off Appeal Procedure

Case Brief

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Parties

Magmatic Ltd

Claimant/respondent

PMS International Group Plc

Defendant/appellant

Procedural Posture

Civil Appeal / Ruling on Costs and Consequential Orders After Appeal

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 and entitled to recover 45% of its trial costs from Magmatic, reflecting the reversal on the CRD issue, the discrete nature of issues, and the parties' relative success. PMS is entitled to a payment on account of 50% of that proportion of its 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. No stay of enquiries is granted pending any application for permission to appeal.

Court Disposition

PMS awarded 45% of its trial costs; payment on account ordered; permission to appeal refused; stay refused.

Orders

  • Magmatic to pay PMS 45% of PMS's trial costs.
  • Magmatic to pay PMS a payment on account: 50% of the 45% of trial costs and 60% of appeal costs.