Picnic At Ascot v Derigs & Ors [2000] EWHC Ch 1568 (09 February 2000)

Picnic At Ascot v Derigs & Ors [2000] EWHC Ch 1568 (09 February 2000)

Where a defendant unreasonably delays conceding an interlocutory injunction until shortly before the hearing, without satisfactory explanation, the court should reserve costs generally but award the claimant their costs of the hearing(s) caused by the delay, to be assessed and paid forthwith.

Citation
[2000] EWHC Ch 1568
Parties
Claimant: Picnic At Ascot; Defendant: Klaus Derigs and Others
Jurisdiction
England and Wales
Judgment Date
09 February 2000
Procedural Posture
Interlocutory Application for Injunction and Costs / Post Hearing, Costs Determination
Outcome
Costs reserved generally; claimants awarded costs of 8th and 9th February 2000 hearings, assessed at £910 plus VAT, payable within 14 days.
Legal Topics
Interlocutory Injunctions, Costs Orders, Design Right Infringement, Civil Procedure Rules (cpr)
Civil Procedure Intellectual Property Interlocutory Injunctions Costs Orders Design Right Infringement Civil Procedure Rules (cpr)

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Parties

Picnic At Ascot

Claimant

Klaus Derigs and Others

Defendant

Procedural Posture

Interlocutory Application for Injunction and Costs / Post Hearing, Costs Determination

Legal Issues

  1. 1 What is the appropriate order for costs when a defendant concedes an interlocutory injunction shortly before the hearing?
  2. 2 Should costs be reserved or awarded to the claimant in such circumstances?

Ratio Decidendi

Where a defendant unreasonably delays conceding an interlocutory injunction until shortly before the hearing, without satisfactory explanation, the court should reserve costs generally but award the claimant their costs of the hearing(s) caused by the delay, to be assessed and paid forthwith.

Court Disposition

Costs reserved generally; claimants awarded costs of 8th and 9th February 2000 hearings, assessed at £910 plus VAT, payable within 14 days.

Orders

  • Costs of interlocutory proceedings generally reserved to trial judge.
  • Claimants awarded costs of 8th and 9th February 2000 hearings, assessed at £910 plus VAT, payable within 14 days.