Equisafety Limited v Battle, Hayward and Bower Limited & Anor

Equisafety Limited v Battle, Hayward and Bower Limited & Anor

The IPEC costs cap applies and cannot be lifted absent exceptional circumstances or abuse of process; interest on costs under CPR 36.17(3) does not override the cap; the Claimant is entitled to assessed profits and costs subject to set-off and caps, and the Defendant is entitled to additional costs for the adjournment but not beyond the cap.

Parties
Claimant: Equisafety Limited; First Defendant: Battle, Hayward and Bower Limited; Second Defendant: Richard Michael Dewey
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Intellectual Property Trade Mark Infringement and Passing Off / Post Trial Judgment on Quantum and Costs
Outcome
Judgment for Claimant with set-off of costs; additional costs awarded to Defendant for adjournment within IPEC cap.
Legal Topics
Trade Mark Infringement, Passing Off, Account of Profits, Costs, Interest on Costs, IPEC Costs Cap
Intellectual Property Law Trade Mark Infringement Passing Off Account of Profits Costs Interest on Costs 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 5
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 allocation of costs for liability and quantum trials
  3. 3 Application of IPEC costs caps and exceptions

Ratio Decidendi

The IPEC costs cap applies and cannot be lifted absent exceptional circumstances or abuse of process; interest on costs under CPR 36.17(3) does not override the cap; the Claimant is entitled to assessed profits and costs subject to set-off and caps, and the Defendant is entitled to additional costs for the adjournment but not beyond the cap.

Court Disposition

Judgment for Claimant with set-off of costs; additional costs awarded to Defendant for adjournment within IPEC cap.

Orders

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