British Sky Broadcasting Plc v Sky Home Services Ltd

The trial judge failed to take into account the consequences of the failed common design and telemarketing claims against the Crane defendants, which resulted in unnecessary costs and trial time for them. The apportionment of 27% did not adequately reflect their partial success. The appropriate share of costs payable by the Crane defendants should be reduced to 13.5%.

Parties: Appellant: British Sky Broadcasting PLC; Respondent: Sky Home Services Ltd
Jurisdiction: England and Wales
Judgment Date: 03 July 2008
Procedural Posture: Civil Appeal / Appeal From High Court (costs Order)
Outcome: Appeal allowed
Legal Topics: Costs, Passing Off, Apportionment of Costs

Civil Procedure Intellectual Property Costs Passing Off Apportionment of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

British Sky Broadcasting PLC

Appellant

Sky Home Services Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (costs Order)

Legal Issues

1 Whether the trial judge erred in apportioning 27% of the claimants’ costs to the Crane defendants after their partial success on certain issues, particularly telemarketing and common design claims.

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Permission to appeal granted
Order of the High Court varied: Crane defendants to pay 13.5% of the claimants’ costs instead of 27%