Makeality Limited v City Doggo Limited & Anor

Makeality Limited v City Doggo Limited & Anor

The judge was entitled to allocate the claim to the small claims track as the financial value was below £10,000, the case was not too complex to be tried in one day, and the costs regime was lawful post-Brexit; Article 14 of the Enforcement Directive does not apply to this case due to the Retained EU Law (Revocation and Reform) Act 2023.

Parties
Claimant/appellant: Makeality Limited; First Defendant/respondent: City Doggo Limited; Second Defendant/respondent: Laurencia Walker-Fooks
Jurisdiction
England and Wales
Judgment Date
04 November 2025
Procedural Posture
Civil Appeal / Judgment on Appeal From Case Management Decision Regarding Track Allocation
Outcome
Appeal dismissed
Legal Topics
Trade Mark Infringement, Passing Off, Case Management, Track Allocation, Costs Regime, Small Claims Track, Multi Track, EU Law Post Brexit
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Case Management Track Allocation Costs Regime Small Claims Track +2 more

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Parties

Makeality Limited

Claimant/appellant

City Doggo Limited

First Defendant/respondent

Laurencia Walker-Fooks

Second Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Case Management Decision Regarding Track Allocation

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
  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 as the financial value was below £10,000, the case was not too complex to be tried in one day, and the costs regime was lawful post-Brexit; Article 14 of the Enforcement Directive does not apply to this case due to the Retained EU Law (Revocation and Reform) Act 2023.

Court Disposition

Appeal dismissed

Orders

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