Bocacina Ltd v Boca Cafes Ltd & Ors

Bocacina Ltd v Boca Cafes Ltd & Ors

The claimant is entitled to 100% of its costs up to the date of the defendants' offer to settle in December 2012, and 50% of its costs thereafter, reflecting the fact that the defendants' offer was substantially equivalent to the relief ultimately granted, but did not include costs. The defendants' conduct, including late submissions and poor communication, justified a modest increase in the claimant's recoverable costs. The total costs awarded are £10,750, to be paid jointly and severally by the defendants within 28 days.

Parties
Claimant: Bocacina Limited; Defendant: Boca Cafes Limited; Defendant: Dercio De Souza Junior; Defendant: Malgorzata De Souza
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Civil / Costs Judgment After Substantive Judgment
Outcome
Costs awarded to claimant as specified; defendants jointly and severally liable.
Legal Topics
Passing Off, Costs, Offers to Settle, Case Management, Conduct of Parties
Intellectual Property Civil Procedure Passing Off Costs Offers to Settle Case Management Conduct of Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Bocacina Limited

Claimant

Boca Cafes Limited

Defendant

Dercio De Souza Junior

Defendant

Malgorzata De Souza

Defendant

Procedural Posture

Civil / Costs Judgment After Substantive Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to costs and on what basis
  2. 2 Effect of defendants' offer to settle on costs
  3. 3 Assessment of reasonable and proportionate costs

Ratio Decidendi

The claimant is entitled to 100% of its costs up to the date of the defendants' offer to settle in December 2012, and 50% of its costs thereafter, reflecting the fact that the defendants' offer was substantially equivalent to the relief ultimately granted, but did not include costs. The defendants' conduct, including late submissions and poor communication, justified a modest increase in the claimant's recoverable costs. The total costs awarded are £10,750, to be paid jointly and severally by the defendants within 28 days.

Court Disposition

Costs awarded to claimant as specified; defendants jointly and severally liable.

Orders

  • Defendants to pay claimant £10,750 in costs within 28 days.
  • Defendants jointly and severally liable for the costs until paid in full.