Makeality Ltd v City Doggo Ltd & Anor [2025] EWCA Civ 400 (11 April 2025)

Makeality Ltd v City Doggo Ltd & Anor [2025] EWCA Civ 400 (11 April 2025)

The judge was entitled to allocate the claim to the small claims track based on the evidence that the value of the claim was below £10,000 and the case was not too complex to be heard in one day; the costs regime of the IPEC small claims track does not breach Article 14 of the Enforcement Directive post-Brexit, as EU law is no longer applicable; the judge's case management decision was within his discretion and there was no error of law or principle.

Citation
[2025] EWCA Civ 400
Parties
Claimant/appellant: Makeality Limited; First Defendant/respondent: City Doggo Limited; Second Defendant/respondent: Laurencia Walker-Fooks
Jurisdiction
England and Wales
Judgment Date
11 April 2025
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Case Management Decision (track Allocation) in IPEC
Outcome
Appeal dismissed
Legal Topics
Trade Mark Infringement, Passing Off, Case Management, Track Allocation, Costs Recovery, EU Law Post Brexit
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Case Management Track Allocation Costs Recovery EU Law Post Brexit

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Parties

Makeality Limited

Claimant/appellant

City Doggo Limited

First Defendant/respondent

Laurencia Walker-Fooks

Second Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Case Management Decision (track Allocation) in IPEC

Legal Issues

  1. 1 Whether the claim should be allocated to the IPEC multi-track or small claims track
  2. 2 Whether the IPEC small claims track costs regime complies with Article 14 of the Enforcement Directive post-Brexit
  3. 3 Whether the judge erred in assessing the value and complexity of the claim

Ratio Decidendi

The judge was entitled to allocate the claim to the small claims track based on the evidence that the value of the claim was below £10,000 and the case was not too complex to be heard in one day; the costs regime of the IPEC small claims track does not breach Article 14 of the Enforcement Directive post-Brexit, as EU law is no longer applicable; the judge's case management decision was within his discretion and there was no error of law or principle.

Court Disposition

Appeal dismissed

Orders

  • Claim to remain allocated to the IPEC small claims track
  • No order as to costs beyond those permitted by the small claims regime