Uwug Ltd & Anor v Ball

Uwug Ltd & Anor v Ball

Mr Haiss should have accepted Mr Ball's first Part 36 offer, having sufficient information to assess it; therefore, Mr Haiss is awarded costs only up to the expiry of the relevant period for that offer, and Mr Ball is awarded his costs from the expiry of his second Part 36 offer, subject to costs caps. Specific costs are allocated for the CMC and interim payment application. Interest is awarded on damages and costs as specified.

Parties
Claimant: UWUG Limited (in liquidation); Claimant: Uwe Haiss; Defendant: Derek Ball
Jurisdiction
England and Wales
Judgment Date
22 January 2015
Procedural Posture
Inquiry as to Damages (intellectual Property) / Post Judgment, Costs Determination
Outcome
Costs apportioned: Mr Haiss awarded costs up to 19 September 2013; Mr Ball awarded costs from 10 March 2014 and specific costs for CMC and interim payment application. Interest awarded on damages and costs. Net costs due from Mr Haiss to Mr Ball.
Legal Topics
Costs, Part 36 Offers, Damages Assessment, Interest on Damages, Interim Payments
Civil Procedure Intellectual Property Costs Part 36 Offers Damages Assessment Interest on Damages Interim Payments

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Parties

UWUG Limited (in liquidation)

Claimant

Uwe Haiss

Claimant

Derek Ball

Defendant

Procedural Posture

Inquiry as to Damages (intellectual Property) / Post Judgment, Costs Determination

Legal Issues

  1. 1 Appropriate costs orders following Part 36 offers and damages inquiry
  2. 2 Effect of withdrawn and repeated Part 36 offers on costs
  3. 3 Entitlement to interest on damages and costs

Ratio Decidendi

Mr Haiss should have accepted Mr Ball's first Part 36 offer, having sufficient information to assess it; therefore, Mr Haiss is awarded costs only up to the expiry of the relevant period for that offer, and Mr Ball is awarded his costs from the expiry of his second Part 36 offer, subject to costs caps. Specific costs are allocated for the CMC and interim payment application. Interest is awarded on damages and costs as specified.

Court Disposition

Costs apportioned: Mr Haiss awarded costs up to 19 September 2013; Mr Ball awarded costs from 10 March 2014 and specific costs for CMC and interim payment application. Interest awarded on damages and costs. Net costs due from Mr Haiss to Mr Ball.

Orders

  • Mr Haiss to pay Mr Ball £9,710 in net costs within 14 days of the order.
  • Mr Haiss awarded £2,500 in costs up to 19 September 2013.