Brawley v Marczynski & Anor No.1 [2002] EWCA Civ 756 (8 May 2002)

Brawley v Marczynski & Anor No.1 [2002] EWCA Civ 756 (8 May 2002)

The Court of Appeal held that the claimant was the clear victor, having obtained the profits due under the agreement after prolonged litigation, and that the judge was correct to order the defendants to pay the claimant's costs. The alleged invalidity of the patent did not affect the contractual obligation to share profits, and there was no basis for departing from the usual order as to costs.

Citation
[2002] EWCA Civ 756
Parties
Claimant/respondent: Peter Brawley; First Defendant/appellant: Michael Marczynski; Second Defendant/appellant: Business Lines Limited
Jurisdiction
England and Wales
Judgment Date
08 May 2002
Procedural Posture
Civil Appeal / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal dismissed (as to costs order); appeal on indemnity costs adjourned.
Legal Topics
Patent Rights, Profit Sharing, Costs Orders, Settlement Agreements
Intellectual Property Civil Procedure Patent Rights Profit Sharing Costs Orders Settlement Agreements

Case Brief

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Parties

Peter Brawley

Claimant/respondent

Michael Marczynski

First Defendant/appellant

Business Lines Limited

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether the claimant was entitled to costs following settlement of a dispute over profit sharing and patent rights
  2. 2 Whether costs should be assessed on an indemnity basis
  3. 3 Whether the alleged invalidity of the patent affected the claimant's entitlement to profits

Ratio Decidendi

The Court of Appeal held that the claimant was the clear victor, having obtained the profits due under the agreement after prolonged litigation, and that the judge was correct to order the defendants to pay the claimant's costs. The alleged invalidity of the patent did not affect the contractual obligation to share profits, and there was no basis for departing from the usual order as to costs.

Court Disposition

Appeal dismissed (as to costs order); appeal on indemnity costs adjourned.

Orders

  • Defendants to pay claimant's costs of the action and appeal.
  • Appeal against indemnity basis of costs adjourned for further hearing.