77 Ltd v Ordnance Survey Ltd & Ors

The decisive factor is that 77M Limited is an SME seeking the protection of the IPEC costs regime, and transfer to the general Chancery Division would likely block its access to justice. The complexity and value of the case do not outweigh this consideration, and 77M's conduct does not justify transfer.

Parties: Claimant/part 20 Defendant: 77M Limited; Defendant/part 20 Claimant: Ordnance Survey Limited
Jurisdiction: England and Wales
Judgment Date: 15 June 2017
Procedural Posture: Application for Transfer of Proceedings / Interlocutory Application for Transfer From IPEC to Chancery Division
Outcome: Application for transfer dismissed
Legal Topics: Transfer of Proceedings, Access to Justice, Costs Regime, Case Management

Civil Procedure Intellectual Property Transfer of Proceedings Access to Justice Costs Regime Case Management

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

77M Limited

Claimant/part 20 Defendant

Ordnance Survey Limited

Defendant/part 20 Claimant

Procedural Posture

Application for Transfer of Proceedings / Interlocutory Application for Transfer From IPEC to Chancery Division

Legal Issues

1 Whether the case should be transferred from the Intellectual Property Enterprise Court (IPEC) to the general Chancery Division
2 Whether the financial position of the parties, value and complexity of the claim, and estimated trial length justify transfer

Ratio Decidendi

Court Disposition

Application for transfer dismissed

Orders

The application by Ordnance Survey Limited to transfer the case to the general Chancery Division is dismissed.