Granville Technology Group Ltd & Ors v Infineon Technologies AG & Anor

Granville Technology Group Ltd & Ors v Infineon Technologies AG & Anor

A 60/40 allocation between the Granville Companies and OTC is appropriate for costs, reflecting the greater work and issues raised by the Granville Companies’ claim. No percentage reduction is appropriate at this stage; such matters are for detailed assessment. Interim payments are ordered in line with these allocations. Costs to OTC are on the standard basis, with liberty to apply for indemnity basis after trial.

Parties
Claimant: Granville Technology Group Limited (in liquidation); Claimant: VMT Limited (in liquidation); Claimant: OT Computers Limited (in liquidation); Defendant: Infineon Technologies AG; Defendant: Micron Europe Limited
Jurisdiction
England and Wales
Judgment Date
09 April 2020
Procedural Posture
Commercial Court Ruling (costs) / Post Judgment, Ruling on Costs After Preliminary Issues Trial
Outcome
Costs allocated and interim payments ordered as specified; no percentage reduction; costs to OTC on standard basis; specific guidance for detailed assessment.
Legal Topics
Costs, Limitation of Actions, Detailed Assessment, Interim Payments
Civil Procedure Commercial Law Costs Limitation of Actions Detailed Assessment Interim Payments

Case Brief

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Parties

Granville Technology Group Limited (in liquidation)

Claimant

VMT Limited (in liquidation)

Claimant

OT Computers Limited (in liquidation)

Claimant

Infineon Technologies AG

Defendant

Micron Europe Limited

Defendant

Procedural Posture

Commercial Court Ruling (costs) / Post Judgment, Ruling on Costs After Preliminary Issues Trial

Legal Issues

  1. 1 What proportion of the Defendants’ costs should be paid by the Granville Companies and what proportion of the Claimants’ costs is OTC entitled to?
  2. 2 Should there be a percentage reduction to the Defendants’ costs?
  3. 3 Should Infineon be liable for OTC’s costs on the indemnity basis?

Ratio Decidendi

A 60/40 allocation between the Granville Companies and OTC is appropriate for costs, reflecting the greater work and issues raised by the Granville Companies’ claim. No percentage reduction is appropriate at this stage; such matters are for detailed assessment. Interim payments are ordered in line with these allocations. Costs to OTC are on the standard basis, with liberty to apply for indemnity basis after trial.

Court Disposition

Costs allocated and interim payments ordered as specified; no percentage reduction; costs to OTC on standard basis; specific guidance for detailed assessment.

Orders

  • Granville Companies to pay £350,000 on account of Infineon’s costs.
  • Granville Companies to pay £200,000 on account of Micron’s costs.