Bionome Technology Ltd v Dr John Clearwater

Bionome Technology Ltd v Dr John Clearwater

The applicant was properly served and had multiple opportunities to make representations regarding costs; failure to monitor the registered address and respond was the applicant's own fault. There was no evidence to rebut the presumption that the respondent was liable for costs, and no breach of the indemnity principle occurred. Relief from sanctions was not justified due to serious and unexplained delay.

Parties
Applicant: Bionome Technology Ltd; Respondent: Dr John Clearwater
Jurisdiction
England and Wales
Judgment Date
28 January 2026
Procedural Posture
Application / Post Judgment, Relief From Sanctions and Set Aside Costs Assessment
Outcome
application dismissed
Legal Topics
Relief From Sanctions, Costs Assessment, Indemnity Principle, Service of Documents, Patent Entitlement
Civil Procedure Intellectual Property Relief From Sanctions Costs Assessment Indemnity Principle Service of Documents Patent Entitlement

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Parties

Bionome Technology Ltd

Applicant

Dr John Clearwater

Respondent

Procedural Posture

Application / Post Judgment, Relief From Sanctions and Set Aside Costs Assessment

Legal Issues

  1. 1 Whether the applicant was properly served and had opportunity to make representations
  2. 2 Whether the applicant is entitled to relief from sanctions and to set aside the costs assessment
  3. 3 Whether the indemnity principle was breached in the costs award

Ratio Decidendi

The applicant was properly served and had multiple opportunities to make representations regarding costs; failure to monitor the registered address and respond was the applicant's own fault. There was no evidence to rebut the presumption that the respondent was liable for costs, and no breach of the indemnity principle occurred. Relief from sanctions was not justified due to serious and unexplained delay.

Court Disposition

application dismissed

Orders

  • Application for relief from sanctions and to set aside costs assessment is dismissed.
  • Costs order of 2 September 2025 stands.