77 Ltd v Ordnance Survey Ltd & Ors [2017] EWHC 1501 (IPEC) (15 June 2017)

77 Ltd v Ordnance Survey Ltd & Ors [2017] EWHC 1501 (IPEC) (15 June 2017)

The decisive factor is that 77M, as an SME, would likely be denied access to justice if the case were transferred to the general Chancery Division due to the risk of high costs. The complexity and value of the case do not outweigh this consideration, and 77M's conduct has not been so inappropriate as to justify transfer.

Citation
[2017] EWHC 1501 (IPEC)
Parties
Claimant/part 20 Defendant: 77M LIMITED; Defendant/part 20 Claimant: ORDNANCE SURVEY LIMITED; Part 20 Defendant: 7MM LIMITED; Part 20 Defendant: THE CONTROLLER OF HER MAJESTY'S STATIONERY OFFICE
Jurisdiction
England and Wales
Judgment Date
15 June 2017
Procedural Posture
Application for Transfer of Proceedings / Interlocutory Application
Outcome
Application to transfer dismissed
Legal Topics
Transfer of Proceedings, Access to Justice, Costs Regime, Case Management, SME Litigation
Civil Procedure Intellectual Property Transfer of Proceedings Access to Justice Costs Regime Case Management SME Litigation

Case Brief

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Parties

77M LIMITED

Claimant/part 20 Defendant

ORDNANCE SURVEY LIMITED

Defendant/part 20 Claimant

7MM LIMITED

Part 20 Defendant

THE CONTROLLER OF HER MAJESTY'S STATIONERY OFFICE

Part 20 Defendant

Procedural Posture

Application for Transfer of Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether the case should be transferred from the Intellectual Property Enterprise Court (IPEC) to the general Chancery Division
  2. 2 Whether the financial position of the parties, particularly the SME status of 77M, justifies retention in IPEC
  3. 3 Whether the complexity, value, and length of trial warrant transfer

Ratio Decidendi

The decisive factor is that 77M, as an SME, would likely be denied access to justice if the case were transferred to the general Chancery Division due to the risk of high costs. The complexity and value of the case do not outweigh this consideration, and 77M's conduct has not been so inappropriate as to justify transfer.

Court Disposition

Application to transfer dismissed

Orders

  • The case will remain in the Intellectual Property Enterprise Court (IPEC)
  • Ordnance Survey's application for transfer to the general Chancery Division is dismissed