Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 1646 (QB) (05 July 2017)

Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 1646 (QB) (05 July 2017)

The circumstances were close to warranting indemnity costs, but standard basis was appropriate given the overall conduct and factors considered.

Citation
[2017] EWHC 1646
Parties
Claimant: Gabriele Shaw; First Defendant: Medtronic Corevalve LLC; Second Defendant: Jean Claude Laborde; Third Defendant: Medtronic Inc; Fourth Defendant: Medtronic Limited; Fifth Defendant: Medtronic PLC
Jurisdiction
England and Wales
Judgment Date
05 July 2017
Procedural Posture
Civil / Costs Assessment Following Strike Out and Discontinuance
Outcome
Costs to be assessed on the standard basis.
Legal Topics
Costs Assessment, Strike Out, Discontinuance, Pre Action Protocol
Civil Procedure Costs Assessment Strike Out Discontinuance Pre Action Protocol

Case Brief

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Parties

Gabriele Shaw

Claimant

Medtronic Corevalve LLC

First Defendant

Jean Claude Laborde

Second Defendant

Medtronic Inc

Third Defendant

Medtronic Limited

Fourth Defendant

Medtronic PLC

Fifth Defendant

Procedural Posture

Civil / Costs Assessment Following Strike Out and Discontinuance

Legal Issues

  1. 1 Whether costs should be assessed on the indemnity or standard basis

Ratio Decidendi

The circumstances were close to warranting indemnity costs, but standard basis was appropriate given the overall conduct and factors considered.

Court Disposition

Costs to be assessed on the standard basis.

Orders

  • Claimant to pay costs of all five defendants.
  • Costs to be assessed on the standard basis.