Granville Technology Group Ltd & Ors v Infineon Technologies AG & Anor [2020] EWHC 873 (Comm) (09 April 2020)

Granville Technology Group Ltd & Ors v Infineon Technologies AG & Anor [2020] EWHC 873 (Comm) (09 April 2020)

A 60/40 allocation of costs between Granville Companies and OTC is appropriate, reflecting the greater work generated by Granville Companies' claims. Percentage reduction of Defendants' costs is not warranted at this stage; proportionality and reasonableness are matters for detailed assessment. Costs to OTC are ordered on a standard basis, with liberty to apply for indemnity basis after trial. Interim payments are ordered reflecting these allocations.

Citation
[2020] EWHC 873 (Comm)
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 Costs Ruling / Post Preliminary Issues Judgment, Costs Determination
Outcome
Costs allocated: Granville Companies to pay 60% of Defendants' costs; Defendants to pay 40% of Claimants' common costs to OTC. Interim payments ordered.
Legal Topics
Costs, Limitation, Detailed Assessment, Interim Payments
Civil Procedure Commercial Law Costs Limitation 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 Costs Ruling / Post Preliminary Issues Judgment, Costs Determination

Legal Issues

  1. 1 allocation of costs between claimants and defendants
  2. 2 proportion of recoverable costs
  3. 3 percentage reduction of defendants' costs

Ratio Decidendi

A 60/40 allocation of costs between Granville Companies and OTC is appropriate, reflecting the greater work generated by Granville Companies' claims. Percentage reduction of Defendants' costs is not warranted at this stage; proportionality and reasonableness are matters for detailed assessment. Costs to OTC are ordered on a standard basis, with liberty to apply for indemnity basis after trial. Interim payments are ordered reflecting these allocations.

Court Disposition

Costs allocated: Granville Companies to pay 60% of Defendants' costs; Defendants to pay 40% of Claimants' common costs to OTC. Interim payments ordered.

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.