Merck KGaA v Merck Sharp & Dohme Corp & Ors (Costs)

Merck KGaA v Merck Sharp & Dohme Corp & Ors (Costs)

The Claimant is the successful party on the preliminary issue, and there is no sufficient reason to depart from the general rule; Defendants are ordered to pay Claimant's costs of the preliminary issue, with an interim payment of £220,000.

Parties
Claimant: Merck KGaA; Defendants: Merck Sharp & Dohme Corp & Others
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Civil / Costs Judgment Following Determination of Preliminary Issue
Outcome
Defendants ordered to pay Claimant's costs of the preliminary issue, with an interim payment.
Legal Topics
Costs, Preliminary Issues, Contract Law
Civil Procedure Costs Preliminary Issues Contract Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Merck KGaA

Claimant

Merck Sharp & Dohme Corp & Others

Defendants

Procedural Posture

Civil / Costs Judgment Following Determination of Preliminary Issue

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 order
  3. 3 Quantum of interim payment on account of costs

Ratio Decidendi

The Claimant is the successful party on the preliminary issue, and there is no sufficient reason to depart from the general rule; Defendants are ordered to pay Claimant's costs of the preliminary issue, with an interim payment of £220,000.

Court Disposition

Defendants ordered to pay Claimant's costs of the preliminary issue, with an interim payment.

Orders

  • Defendants to pay Claimant's costs of the preliminary issue, to be assessed on the standard basis if not agreed.
  • Defendants to pay £220,000 on account of costs.