Global Flood Defence Systems Ltd & Anor v Johan Van Den Noort Beheer BV & Ors

Global Flood Defence Systems Ltd & Anor v Johan Van Den Noort Beheer BV & Ors

Costs assessment is adjourned because the word 'claim' in CPR 45.31(1)(a) refers to the proceedings as a whole, and costs cannot be assessed until all issues, including the threats allegation, are resolved.

Parties
Claimant: Global Flood Defence Systems Limited; Claimant: UK Flood Barriers Limited; Defendant: Johan van den Noort Beheer BV; Defendant: Johann Heinrich Reindert van den Noort; Defendant: Flood Control International Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2016
Procedural Posture
Civil Intellectual Property / Post Trial Costs Determination
Outcome
Assessment of costs adjourned until all issues are resolved.
Legal Topics
Costs, Patent Licence, Misrepresentation, Groundless Threats
Civil Procedure Intellectual Property Costs Patent Licence Misrepresentation Groundless Threats

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Global Flood Defence Systems Limited

Claimant

UK Flood Barriers Limited

Claimant

Johan van den Noort Beheer BV

Defendant

Johann Heinrich Reindert van den Noort

Defendant

Flood Control International Limited

Defendant

Procedural Posture

Civil Intellectual Property / Post Trial Costs Determination

Legal Issues

  1. 1 Whether costs can be assessed before all issues in the proceedings are resolved under CPR 45.31(1)(a)
  2. 2 Interpretation of 'claim' in the context of costs capping in IPEC

Ratio Decidendi

Costs assessment is adjourned because the word 'claim' in CPR 45.31(1)(a) refers to the proceedings as a whole, and costs cannot be assessed until all issues, including the threats allegation, are resolved.

Court Disposition

Assessment of costs adjourned until all issues are resolved.

Orders

  • Assessment of costs is adjourned.