Handi-Craft Company & Anor v B Free World Ltd & Ors

Handi-Craft Company & Anor v B Free World Ltd & Ors

Leave to appeal against the costs judgment is refused as costs are within the trial judge's discretion and no issues of principle arise. The Berkovitch defendants must pay the interim costs order of £300,000 in three monthly instalments of £100,000 starting 2 January 2008, as their proposed payment schedule was unsupported by evidence. No stay of the costs order is granted, and no cross-undertaking is required. Costs relating to certain defendants and post-judgment hearings are to be included in the general costs of the action.

Parties
Claimant: Handi-Craft Company; Claimant: New Vent Designs Inc; Defendant: B Free World Limited; Defendant: Yasmin Berkovitch; Defendant: Mothercare UK Limited; Defendant: The Boots Company Limited; Defendant: Baby B Free Limited; Defendant: Action Trading Limited (in liquidation); Defendant: Amikam Berkovitch; Defendant: Piero Alberici; Defendant: TTY General Trade Lines Limited; Defendant: Dvora Berkovitch; Defendant: Tamir Tirosh
Jurisdiction
England and Wales
Judgment Date
14 December 2007
Procedural Posture
Civil / Final Order/costs Determination
Outcome
Leave to appeal refused; modalities for payment of costs determined; no stay or cross-undertaking granted; costs orders clarified.
Legal Topics
Costs, Appeal Procedure, Trade Mark Infringement, Passing Off, Settlement
Intellectual Property Civil Procedure Costs Appeal Procedure Trade Mark Infringement Passing Off Settlement

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Parties

Handi-Craft Company

Claimant

New Vent Designs Inc

Claimant

B Free World Limited

Defendant

Yasmin Berkovitch

Defendant

Mothercare UK Limited

Defendant

The Boots Company Limited

Defendant

Baby B Free Limited

Defendant

Action Trading Limited (in liquidation)

Defendant

Amikam Berkovitch

Defendant

Piero Alberici

Defendant

TTY General Trade Lines Limited

Defendant

Dvora Berkovitch

Defendant

Tamir Tirosh

Defendant

Procedural Posture

Civil / Final Order/costs Determination

Legal Issues

  1. 1 Whether leave to appeal against the costs judgment should be granted
  2. 2 Appropriate modalities for payment of costs by the Berkovitch defendants
  3. 3 Whether a stay of the costs order pending appeal should be granted

Ratio Decidendi

Leave to appeal against the costs judgment is refused as costs are within the trial judge's discretion and no issues of principle arise. The Berkovitch defendants must pay the interim costs order of £300,000 in three monthly instalments of £100,000 starting 2 January 2008, as their proposed payment schedule was unsupported by evidence. No stay of the costs order is granted, and no cross-undertaking is required. Costs relating to certain defendants and post-judgment hearings are to be included in the general costs of the action.

Court Disposition

Leave to appeal refused; modalities for payment of costs determined; no stay or cross-undertaking granted; costs orders clarified.

Orders

  • Berkovitch defendants to pay £300,000 interim costs in three monthly instalments of £100,000 starting 2 January 2008.
  • No stay of costs order pending appeal.