Shorts International Ltd v Google LLC [2025] EWCA Civ 653 (14 May 2025)

Shorts International Ltd v Google LLC [2025] EWCA Civ 653 (14 May 2025)

The need to facilitate access to justice for SMEs, as expressed in CPR 52.19, outweighs Google's objections; the proceedings are of a type where costs are normally capped, and refusal of a costs capping order would likely result in abandonment of the appeal. The appropriate cap is £60,000, matching the IPEC cap. Security for costs is appropriate but must be limited to the capped amount of £60,000.

Citation
[2025] EWCA Civ 653
Parties
Appellant / Claimant: Shorts International Limited; Respondent / Defendant: Google LLC
Jurisdiction
England and Wales
Judgment Date
14 May 2025
Procedural Posture
Appeal (civil) / Application for Costs Capping Order and Security for Costs on Appeal
Outcome
Costs capping order granted; security for costs ordered.
Legal Topics
Trade Mark Infringement, Costs Capping, Security for Costs, Appeals, Access to Justice
Intellectual Property Civil Procedure Trade Mark Infringement Costs Capping Security for Costs Appeals Access to Justice

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Parties

Shorts International Limited

Appellant / Claimant

Google LLC

Respondent / Defendant

Procedural Posture

Appeal (civil) / Application for Costs Capping Order and Security for Costs on Appeal

Legal Issues

  1. 1 Whether a costs capping order should be made on appeal from IPEC where proceedings were transferred to the Intellectual Property list but parties agreed to retain IPEC costs cap.
  2. 2 Whether security for costs should be ordered and in what amount, given the appellant's financial position.

Ratio Decidendi

The need to facilitate access to justice for SMEs, as expressed in CPR 52.19, outweighs Google's objections; the proceedings are of a type where costs are normally capped, and refusal of a costs capping order would likely result in abandonment of the appeal. The appropriate cap is £60,000, matching the IPEC cap. Security for costs is appropriate but must be limited to the capped amount of £60,000.

Court Disposition

Costs capping order granted; security for costs ordered.

Orders

  • Recoverable costs of the appeal and cross-appeal capped at £60,000.
  • Shorts International Limited to provide security for costs in the sum of £60,000.