Hearst Holdings Inc & Anor v AVELA Inc & Ors [2014] EWCA Civ 1316 (09 October 2014)

Hearst Holdings Inc & Anor v AVELA Inc & Ors [2014] EWCA Civ 1316 (09 October 2014)

The appellants failed to provide convincing and candid evidence of impecuniosity sufficient to justify a stay of the interim costs order; the court was not persuaded that refusal of a stay would stifle the appeal. CPR 52.9(3) precluded imposing a payment condition for prosecution of the appeal. A final extension of time to file the skeleton argument was granted, with a clear warning that failure to comply would result in the appeal being struck out.

Citation
[2014] EWCA Civ 1316
Parties
Respondent/claimant: Hearst Holdings Inc; Respondent/claimant: Fleischer Studios Inc; Appellant/defendant: A.V.E.L.A. Inc; Appellant/defendant: Poeticgem Limited; Appellant/defendant: The Partnership (Trading) Limited; Appellant/defendant: U Wear Limited; Appellant/defendant: J Fox Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2014
Procedural Posture
Appeal / Interlocutory Applications Pending Appeal
Outcome
Appellants' application for stay of interim costs order refused; respondents' application for payment condition dismissed; final extension of time to file skeleton argument granted.
Legal Topics
Trade Mark Infringement, Copyright Infringement, Passing Off, Interim Costs Orders, Stay of Execution, Extension of Time, Appeal Procedure
Intellectual Property Civil Procedure Trade Mark Infringement Copyright Infringement Passing Off Interim Costs Orders Stay of Execution Extension of Time +1 more

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 3 Authorities cited 12 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Hearst Holdings Inc

Respondent/claimant

Fleischer Studios Inc

Respondent/claimant

A.V.E.L.A. Inc

Appellant/defendant

Poeticgem Limited

Appellant/defendant

The Partnership (Trading) Limited

Appellant/defendant

U Wear Limited

Appellant/defendant

J Fox Limited

Appellant/defendant

Procedural Posture

Appeal / Interlocutory Applications Pending Appeal

Legal Issues

  1. 1 Whether a stay of an interim costs order should be granted to avoid stifling a genuine appeal
  2. 2 Whether a condition requiring payment of £475,000 should be imposed for prosecution of the appeal
  3. 3 Whether a further extension of time to file the skeleton argument should be granted

Ratio Decidendi

The appellants failed to provide convincing and candid evidence of impecuniosity sufficient to justify a stay of the interim costs order; the court was not persuaded that refusal of a stay would stifle the appeal. CPR 52.9(3) precluded imposing a payment condition for prosecution of the appeal. A final extension of time to file the skeleton argument was granted, with a clear warning that failure to comply would result in the appeal being struck out.

Court Disposition

Appellants' application for stay of interim costs order refused; respondents' application for payment condition dismissed; final extension of time to file skeleton argument granted.

Orders

  • Application for stay of interim costs order refused.
  • Application for condition requiring payment of £475,000 as a condition of appeal dismissed.