Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor (Costs) [2021] EWHC 2259 (IPEC) (13 August 2021)

Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor (Costs) [2021] EWHC 2259 (IPEC) (13 August 2021)

The Third Claimant is entitled to its costs for each stage as claimed, subject to the IPEC stage caps, as the submissions and evidence provided are sufficient for assessment and the Defendants' objections do not justify reduction or denial of costs.

Citation
[2021] EWHC 2259 (IPEC)
Parties
Claimant: LUTEC (UK) LIMITED; Claimant: NINGBO UTEC ELECTRIC CO., LTD; Claimant: LAMPEKONSULENTEN A/S; Defendant: CASCADE HOLDINGS LIMITED; Defendant: FORUM LIGHTING SOLUTIONS LIMITED
Jurisdiction
England and Wales
Judgment Date
13 August 2021
Procedural Posture
Costs Judgment Following Liability Trial in Registered Design Infringement Claim / Post Trial, Costs Assessment
Outcome
Costs awarded to the Third Claimant as specified for each stage, subject to IPEC caps.
Legal Topics
Registered Designs, Costs Assessment, IPEC Costs Cap
Intellectual Property Civil Procedure Registered Designs Costs Assessment IPEC Costs Cap

Case Brief

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Parties

LUTEC (UK) LIMITED

Claimant

NINGBO UTEC ELECTRIC CO., LTD

Claimant

LAMPEKONSULENTEN A/S

Claimant

CASCADE HOLDINGS LIMITED

Defendant

FORUM LIGHTING SOLUTIONS LIMITED

Defendant

Procedural Posture

Costs Judgment Following Liability Trial in Registered Design Infringement Claim / Post Trial, Costs Assessment

Legal Issues

  1. 1 Whether the Third Claimant is liable for the costs claimed
  2. 2 Whether the Third Claimant provided sufficient information for costs assessment
  3. 3 Appropriate costs award for each stage of proceedings

Ratio Decidendi

The Third Claimant is entitled to its costs for each stage as claimed, subject to the IPEC stage caps, as the submissions and evidence provided are sufficient for assessment and the Defendants' objections do not justify reduction or denial of costs.

Court Disposition

Costs awarded to the Third Claimant as specified for each stage, subject to IPEC caps.

Orders

  • Third Claimant awarded £1,833.50 for Interim Application 1
  • Third Claimant awarded £3,000 for Interim Application 2 (capped)