SWIVEL UK LIMITED v TECNOLUMEN GMBH & ANOR.

SWIVEL UK LIMITED v TECNOLUMEN GMBH & ANOR.

The Master did not err in principle or act outside the bounds of reasonable discretion in awarding costs against the Appellant after granting relief from sanctions. The Respondents' opposition was not unreasonable or improper, and the usual costs order was appropriate. The appeal is dismissed.

Parties
Appellant (defendant Below): Swivel UK Limited; Respondent (claimant Below): Tecnolumen GmbH; Respondent (claimant Below): Dr Meike Noll-Wagenfeld
Jurisdiction
England and Wales
Judgment Date
25 January 2022
Procedural Posture
Civil Appeal / Appeal Against Costs Order
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Default Costs Certificate, Costs Discretion, Appeals on Costs
Civil Procedure Costs Relief From Sanctions Default Costs Certificate Costs Discretion Appeals on Costs

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Parties

Swivel UK Limited

Appellant (defendant Below)

Tecnolumen GmbH

Respondent (claimant Below)

Dr Meike Noll-Wagenfeld

Respondent (claimant Below)

Procedural Posture

Civil Appeal / Appeal Against Costs Order

Legal Issues

  1. 1 Whether the Master erred in awarding costs against the Appellant after granting relief from sanctions and setting aside a default costs certificate
  2. 2 Whether the Respondents' opposition to the application for relief from sanctions was unreasonable so as to justify a departure from the usual costs order

Ratio Decidendi

The Master did not err in principle or act outside the bounds of reasonable discretion in awarding costs against the Appellant after granting relief from sanctions. The Respondents' opposition was not unreasonable or improper, and the usual costs order was appropriate. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the Master's costs order is dismissed.
  • The costs order of £10,000 in favour of the Respondents stands.