Liversidge v Owen Mumford Ltd & Anor [2012] EWPCC 40 (20 September 2012)

The costs cap in CPR r45.42(1)(a) applies to the total costs payable by a party in a single set of proceedings in the Patents County Court, not per defendant. The court cannot order payment of more than £50,000 in total, regardless of the number of defendants.

Citation: [2012] EWPCC 40
Parties: Claimant: Barry Liversidge; First Defendant: Owen Mumford Limited; Second Defendant: Abbott Laboratories Limited
Jurisdiction: England and Wales
Judgment Date: 20 September 2012
Procedural Posture: Costs Determination in Patent Infringement Proceedings / Post Judgment Consequential Orders
Outcome: Costs order capped at £50,000 for the entire proceedings, to be apportioned between the defendants as agreed by them.
Legal Topics: Patent Infringement, Costs Capping, Multi Defendant Litigation, Civil Procedure Rules

Intellectual Property Law Civil Procedure Patent Infringement Costs Capping Multi Defendant Litigation Civil Procedure Rules

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 2 Authorities cited 8 Party arguments 2 Amounts and remedies 4

Parties

Barry Liversidge

Claimant

Owen Mumford Limited

First Defendant

Abbott Laboratories Limited

Second Defendant

Procedural Posture

Costs Determination in Patent Infringement Proceedings / Post Judgment Consequential Orders

Legal Issues

1 Whether the costs cap in CPR r45.42(1)(a) applies per defendant or per set of proceedings in multi-defendant cases in the Patents County Court

Ratio Decidendi

Court Disposition

Costs order capped at £50,000 for the entire proceedings, to be apportioned between the defendants as agreed by them.

Orders

Claimant to pay total costs not exceeding £50,000 to the defendants, apportioned between them as agreed.