Indigo Furniture Ltd v Futurelook Ltd & Anor [2011] EWPCC 13 (19 May 2011)

Indigo Furniture Ltd v Futurelook Ltd & Anor [2011] EWPCC 13 (19 May 2011)

The court will summarily assess costs based on the actual work done and information provided, not automatically awarding the maximum fixed fee unless justified by the circumstances and evidence. In this case, the court assessed £6,125 for preparing case and drafting Particulars of Claim and £700 for the default judgment application, totaling £6,825.

Citation
[2011] EWPCC 13
Parties
Claimant: Indigo Furniture Limited; First Defendant: Futurelook Limited; Second Defendant: Andrew Conaway
Jurisdiction
England and Wales
Judgment Date
19 May 2011
Procedural Posture
Paper Application for Summary Assessment of Costs in Design Right Infringement Action / Post Default Judgment, Costs Assessment
Outcome
Costs summarily assessed in favour of the claimant at £6,825, payable by the first defendant.
Legal Topics
Unregistered Design Right Infringement, Summary Assessment of Costs, Patents County Court Costs Regime
Intellectual Property Civil Procedure Unregistered Design Right Infringement Summary Assessment of Costs Patents County Court Costs Regime

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Parties

Indigo Furniture Limited

Claimant

Futurelook Limited

First Defendant

Andrew Conaway

Second Defendant

Procedural Posture

Paper Application for Summary Assessment of Costs in Design Right Infringement Action / Post Default Judgment, Costs Assessment

Legal Issues

  1. 1 Whether the claimant is entitled to the claimed costs under the Patents County Court fixed fee structure
  2. 2 How to assess costs in absence of detailed time breakdown

Ratio Decidendi

The court will summarily assess costs based on the actual work done and information provided, not automatically awarding the maximum fixed fee unless justified by the circumstances and evidence. In this case, the court assessed £6,125 for preparing case and drafting Particulars of Claim and £700 for the default judgment application, totaling £6,825.

Court Disposition

Costs summarily assessed in favour of the claimant at £6,825, payable by the first defendant.

Orders

  • First defendant to pay claimant £6,825 in costs.