Beechwood House Publishing Ltd (t/a Binley's) v Guardian Products Ltd & Anor [2010] EWPCC 013 (03 November 2010)

Beechwood House Publishing Ltd (t/a Binley's) v Guardian Products Ltd & Anor [2010] EWPCC 013 (03 November 2010)

Both defendants benefited from the outcome of the application regarding settlement and database right; therefore, both should be liable for the costs as ordered.

Citation
[2010] EWPCC 013
Parties
Claimant: Beechwood House Publishing Limited T/A Binley's; First Defendant: Guardian Products Limited; Second Defendant: Precision Direct Marketing Limited
Jurisdiction
England and Wales
Judgment Date
03 November 2010
Procedural Posture
Civil Intellectual Property (database Right) / Post Summary Judgment; Consequential Orders and Costs Ruling
Outcome
Claimant's proposed form of order adopted; both defendants jointly liable for costs as specified.
Legal Topics
Database Right, Summary Judgment, Costs Orders, Striking Out Pleadings, Settlement and Estoppel
Intellectual Property Law Civil Procedure Database Right Summary Judgment Costs Orders Striking Out Pleadings Settlement and Estoppel

Case Brief

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Parties

Beechwood House Publishing Limited T/A Binley's

Claimant

Guardian Products Limited

First Defendant

Precision Direct Marketing Limited

Second Defendant

Procedural Posture

Civil Intellectual Property (database Right) / Post Summary Judgment; Consequential Orders and Costs Ruling

Legal Issues

  1. 1 Whether the claim was settled prior to issue of claim form
  2. 2 Whether the claimant was owner of database right at material times
  3. 3 Which defendant(s) should be liable for costs of the application

Ratio Decidendi

Both defendants benefited from the outcome of the application regarding settlement and database right; therefore, both should be liable for the costs as ordered.

Court Disposition

Claimant's proposed form of order adopted; both defendants jointly liable for costs as specified.

Orders

  • Declaration that the claim was not settled prior to issue of claim form.
  • Declaration that claimant owned database right at material times.