Crypto Open Patent Alliance v Wright [2022] EWHC 242 (Ch) (09 February 2022)

Crypto Open Patent Alliance v Wright [2022] EWHC 242 (Ch) (09 February 2022)

The claimant was the successful party overall, and the justice of the case required a percentage costs order in its favour. The defendant is to pay 95% of the claimant's costs of both applications, summarily assessed at £70,000, as the costs claimed were excessive and not reasonably incurred in full. Indemnity costs were refused as neither party's conduct was out of the norm for modern litigation.

Citation
[2022] EWHC 242 (Ch)
Parties
Claimant: Crypto Open Patent Alliance; Defendant: Craig Steven Wright
Jurisdiction
England and Wales
Judgment Date
09 February 2022
Procedural Posture
Costs Application Following Interlocutory Applications in Intellectual Property Litigation / Post Interlocutory, Costs Determination
Outcome
Defendant to pay 95% of claimant's costs of both applications, summarily assessed at £70,000, within 14 days. Indemnity costs refused.
Legal Topics
Costs, Summary Assessment, Indemnity Costs, Case Management
Civil Procedure Intellectual Property Costs Summary Assessment Indemnity Costs Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Crypto Open Patent Alliance

Claimant

Craig Steven Wright

Defendant

Procedural Posture

Costs Application Following Interlocutory Applications in Intellectual Property Litigation / Post Interlocutory, Costs Determination

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 Should costs be awarded on the indemnity basis?
  3. 3 Should costs be summarily assessed or subject to detailed assessment?

Ratio Decidendi

The claimant was the successful party overall, and the justice of the case required a percentage costs order in its favour. The defendant is to pay 95% of the claimant's costs of both applications, summarily assessed at £70,000, as the costs claimed were excessive and not reasonably incurred in full. Indemnity costs were refused as neither party's conduct was out of the norm for modern litigation.

Court Disposition

Defendant to pay 95% of claimant's costs of both applications, summarily assessed at £70,000, within 14 days. Indemnity costs refused.

Orders

  • Defendant to pay £70,000 to claimant within 14 days.
  • No indemnity costs awarded.