BCT Software Solutions Ltd. v C Brewer & Sons Ltd.
There was no error in principle or manifest injustice in the judge's apportionment of costs after settlement; the judge acted within his discretion, and the broad-brush approach was appropriate given the circumstances and the parties' agreement to have the judge decide costs.
- Parties
- Appellant: BCT Software Solutions Limited; Respondent: C Brewer & Sons Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 11 July 2003
- Procedural Posture
- Civil Appeal / Appeal From High Court (costs Order After Settlement)
- Outcome
- Appeal dismissed
- Legal Topics
- Costs After Settlement, Copyright Infringement, Judicial Discretion in Costs, Issue Based Costs Orders
Case Brief
Summary, issues, holding and outcome
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Parties
BCT Software Solutions Limited
Appellant
C Brewer & Sons Limited
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court (costs Order After Settlement)
Legal Issues
- 1 Whether the trial judge erred in principle or produced a manifest injustice in his apportionment of costs after settlement without a full trial
- 2 Whether the judge should have made an order as to costs at all in the absence of a trial on the merits
Ratio Decidendi
There was no error in principle or manifest injustice in the judge's apportionment of costs after settlement; the judge acted within his discretion, and the broad-brush approach was appropriate given the circumstances and the parties' agreement to have the judge decide costs.
Court Disposition
Appeal dismissed
Orders
- Costs order of the High Court upheld
- Agreed minute of order lodged with court
Full Case Text
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