BCT Software Solutions Ltd v C Brewer & Sons Ltd [2002] EWCA Civ 1765 (12 November 2002)

Permission to appeal granted because the judge's equal apportionment of costs and halving of recovery on the successful issue raised arguable points with a real prospect of success.

Citation: [2002] EWCA Civ 1765
Parties: Claimant/applicant: BCT Software Solutions Limited; Defendant/respondent: C Brewer & Sons Limited
Jurisdiction: England and Wales
Judgment Date: 12 November 2002
Procedural Posture: Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) Costs Order
Outcome: Permission to appeal granted
Legal Topics: Costs Orders, Copyright Enforcement, Compromise of Action, Apportionment of Costs

Civil Procedure Intellectual Property Costs Orders Copyright Enforcement Compromise of Action Apportionment of Costs

Case Brief

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Parties

BCT Software Solutions Limited

Claimant/applicant

C Brewer & Sons Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) Costs Order

Legal Issues

1 Whether the judge erred in apportioning costs equally between four issues regardless of factual/legal complexity
2 Whether the judge erred in halving the claimant's recovery on the successful issue due to 'smallness of recovery'
3 Whether the compromise agreement's benefit to the claimant should affect costs

Ratio Decidendi

Permission to appeal granted because the judge's equal apportionment of costs and halving of recovery on the successful issue raised arguable points with a real prospect of success.

Court Disposition

Permission to appeal granted

Orders

Application allowed
Extension of time granted