Westwood v Knight [2011] EWPCC 11 (11 May 2011)

Westwood v Knight [2011] EWPCC 11 (11 May 2011)

The costs capping regime in the Patents County Court requires strict adherence to stage and overall caps, with summary assessment for each stage based on the nature and complexity of the case. Pre-action and High Court costs may be included where appropriate, but only costs attributable to listed stages are...

Source-derived case information.

Citation
[2011] EWPCC 11
Parties
Claimant: Dame Vivienne Westwood OBE; Defendant: Anthony Edward Knight
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Intellectual Property (trade Mark, Copyright, Passing Off) / Post Trial, Costs Assessment
Outcome
Costs assessed and awarded to the claimant, subject to stage and overall caps, with VAT and interest applied.
Legal Topics
Trade Mark Infringement, Passing Off, Copyright Infringement, Costs Assessment, Patents County Court Procedure
Intellectual Property Law Civil Procedure Trade Mark Infringement Passing Off Copyright Infringement Costs Assessment Patents County Court Procedure

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Parties

Dame Vivienne Westwood OBE

Claimant

Anthony Edward Knight

Defendant

Procedural Posture

Intellectual Property (trade Mark, Copyright, Passing Off) / Post Trial, Costs Assessment

Legal Issues

  1. 1 Appropriate assessment and capping of costs under the Patents County Court rules
  2. 2 Scope of recoverable costs for each procedural stage
  3. 3 Treatment of pre-action and High Court costs after transfer to PCC

Ratio Decidendi

The costs capping regime in the Patents County Court requires strict adherence to stage and overall caps, with summary assessment for each stage based on the nature and complexity of the case. Pre-action and High Court costs may be included where appropriate, but only costs attributable to listed stages are recoverable. VAT is to be added to capped sums, and interest is awarded from a single date to approximate fairness.

Court Disposition

Costs assessed and awarded to the claimant, subject to stage and overall caps, with VAT and interest applied.

Orders

  • Costs awarded to claimant in the sum of £71,496.63 (including VAT)
  • Interest on costs to run from 15 November 2010