Equisafety Ltd v Battle, Hayward and Bower Ltd & Anor [2024] EWHC 283 (IPEC) (15 February 2024)

Equisafety Ltd v Battle, Hayward and Bower Ltd & Anor [2024] EWHC 283 (IPEC) (15 February 2024)

The IPEC costs cap applies to all costs awarded in the quantum proceedings, including those following a Part 36 offer, and cannot be lifted absent exceptional circumstances or abuse of process. The Claimant is entitled to profits and interest, and to costs of the liability trial subject to set-off, while the Defendant is entitled to costs of the quantum trial post-Part 36 offer and additional costs occasioned by adjournment, all subject to the IPEC cap.

Citation
[2024] EWHC 283 (IPEC)
Parties
Claimant: Equisafety Limited; First Defendant: Battle, Hayward and Bower Limited; Second Defendant: Richard Michael Dewey
Jurisdiction
England and Wales
Judgment Date
15 February 2024
Procedural Posture
Intellectual Property Trade Mark Infringement and Passing Off / Post Trial Judgment on Quantum and Costs
Outcome
Judgment for Claimant in respect of profits and interest; costs apportioned between parties subject to IPEC cap; additional costs awarded to Defendant for adjournment application.
Legal Topics
Trade Mark Infringement, Passing Off, Account of Profits, Costs, Interest, IPEC Costs Cap
Intellectual Property Law Trade Mark Infringement Passing Off Account of Profits Costs Interest IPEC Costs Cap

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 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Equisafety Limited

Claimant

Battle, Hayward and Bower Limited

First Defendant

Richard Michael Dewey

Second Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement and Passing Off / Post Trial Judgment on Quantum and Costs

Legal Issues

  1. 1 Entitlement and calculation of account of profits and interest
  2. 2 Assessment and apportionment of costs for liability and quantum trials
  3. 3 Application of IPEC costs cap and exceptions

Ratio Decidendi

The IPEC costs cap applies to all costs awarded in the quantum proceedings, including those following a Part 36 offer, and cannot be lifted absent exceptional circumstances or abuse of process. The Claimant is entitled to profits and interest, and to costs of the liability trial subject to set-off, while the Defendant is entitled to costs of the quantum trial post-Part 36 offer and additional costs occasioned by adjournment, all subject to the IPEC cap.

Court Disposition

Judgment for Claimant in respect of profits and interest; costs apportioned between parties subject to IPEC cap; additional costs awarded to Defendant for adjournment application.

Orders

  • First Defendant to pay Claimant £12,568 by way of profits and £2,140.92 interest.
  • First Defendant to pay Claimant £22,263.15 for costs of liability trial (after set-off).