Aktiebolag & Anor v Irish Ferries Ltd.

Aktiebolag & Anor v Irish Ferries Ltd.

The trial judge was entitled to adopt an issue-based approach to costs in this patent action, given the discrete nature of the section 60(5)(d) issue and the broader patent validity and infringement issues. There was no error of principle in the judge's exercise of discretion under CPR 44.3.

Parties
Claimant/appellant: Stena Rederi Aktiebolag; Claimant/appellant: Stena Line Aktiebolag; Defendant/respondent: Irish Ferries Limited
Jurisdiction
England and Wales
Judgment Date
13 February 2003
Procedural Posture
Civil Appeal / Appeal From High Court (costs Order)
Outcome
appeal dismissed
Legal Topics
Costs, Patents, Issue Based Costs Orders
Intellectual Property Civil Procedure Costs Patents Issue Based Costs Orders

Case Brief

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Parties

Stena Rederi Aktiebolag

Claimant/appellant

Stena Line Aktiebolag

Claimant/appellant

Irish Ferries Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (costs Order)

Legal Issues

  1. 1 Whether the trial judge erred in principle in adopting an issue-based approach to costs in a patent action
  2. 2 Whether the costs order made by the trial judge was justified under CPR 44.3

Ratio Decidendi

The trial judge was entitled to adopt an issue-based approach to costs in this patent action, given the discrete nature of the section 60(5)(d) issue and the broader patent validity and infringement issues. There was no error of principle in the judge's exercise of discretion under CPR 44.3.

Court Disposition

appeal dismissed

Orders

  • Appeal on costs dismissed with costs; counsel to lodge a draft minute of order; permission to appeal to the House of Lords refused.