Philip Price & Ors v Flitcraft Limited & Ors

Philip Price & Ors v Flitcraft Limited & Ors

The Claimants' applications for permission to appeal were refused as none of the grounds had a real prospect of success. A stay of the costs orders was granted only in respect of the Defendants' liability to the Second Claimant due to the risk of non-repayment, but refused as to the Claimants' liability to the Defendants. Interim payments on account of costs were ordered against the First and Second Claimants, calculated using the approved costs budget and appropriate deductions for uncertainty.

Parties
First Claimant: Philip Price; Second Claimant: Supawall Limited; Third Claimant: Supahome by Maple Limited; First Defendant: Flitcraft Limited; Second Defendant: Flitcraft Timber Frame Limited; Third Defendant: Garry Flitcroft; Fourth Defendant: Thomas Flitcroft
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Intellectual Property / Post Trial Applications (costs, Permission to Appeal, Stays, Interim Payments)
Outcome
Claimants' applications for permission to appeal refused; stay of costs granted in part; interim payments on account of costs ordered against Claimants.
Legal Topics
Patents, Copyright, Passing Off, Costs, Permission to Appeal, Stays of Execution, Interim Payments
Intellectual Property Civil Procedure Patents Copyright Passing Off Costs Permission to Appeal Stays of Execution +1 more

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Parties

Philip Price

First Claimant

Supawall Limited

Second Claimant

Supahome by Maple Limited

Third Claimant

Flitcraft Limited

First Defendant

Flitcraft Timber Frame Limited

Second Defendant

Garry Flitcroft

Third Defendant

Thomas Flitcroft

Fourth Defendant

Procedural Posture

Civil Intellectual Property / Post Trial Applications (costs, Permission to Appeal, Stays, Interim Payments)

Legal Issues

  1. 1 Whether permission to appeal the costs orders should be granted
  2. 2 Whether stays of costs orders should be granted to either party
  3. 3 Whether interim payments on account of costs should be ordered and in what amounts

Ratio Decidendi

The Claimants' applications for permission to appeal were refused as none of the grounds had a real prospect of success. A stay of the costs orders was granted only in respect of the Defendants' liability to the Second Claimant due to the risk of non-repayment, but refused as to the Claimants' liability to the Defendants. Interim payments on account of costs were ordered against the First and Second Claimants, calculated using the approved costs budget and appropriate deductions for uncertainty.

Court Disposition

Claimants' applications for permission to appeal refused; stay of costs granted in part; interim payments on account of costs ordered against Claimants.

Orders

  • Permission to appeal refused to Claimants on all grounds.
  • Stay of costs ordered in favour of Defendants as to sums payable to Second Claimant, pending outcome of Defendants' appeal or further order.