Link Up Mitaka Ltd (t/a Thebigword) v Language Empire Ltd & Anor

Link Up Mitaka Ltd (t/a Thebigword) v Language Empire Ltd & Anor

The Defendants' dishonest and obfuscatory conduct during the inquiry and trial, which hindered the Claimant's and the court's ability to fairly assess damages, amounted to an abuse of process. This triggered CPR 45.30(2)(a), disapplying the IPEC scale costs scheme and justifying an award of indemnity costs.

Parties
Claimant: Link Up Mitaka Limited trading as THEBIGWORD; Defendant: Language Empire Limited; Defendant: Yasar Zaman
Jurisdiction
England and Wales
Judgment Date
17 October 2018
Procedural Posture
Intellectual Property Trade Mark Infringement and Passing Off / Judgment on Costs After Inquiry Into Damages
Outcome
Claimant awarded indemnity costs; IPEC scale costs scheme disapplied due to abuse of process by Defendants.
Legal Topics
Trade Mark Infringement, Passing Off, Costs Assessment, Abuse of Process, Summary Assessment of Costs
Intellectual Property Law Civil Procedure Trade Mark Infringement Passing Off Costs Assessment Abuse of Process Summary Assessment of Costs

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Link Up Mitaka Limited trading as THEBIGWORD

Claimant

Language Empire Limited

Defendant

Yasar Zaman

Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement and Passing Off / Judgment on Costs After Inquiry Into Damages

Legal Issues

  1. 1 Whether the Defendants' conduct amounted to an abuse of process justifying disapplication of the IPEC scale costs scheme
  2. 2 Whether costs should be awarded on the indemnity basis

Ratio Decidendi

The Defendants' dishonest and obfuscatory conduct during the inquiry and trial, which hindered the Claimant's and the court's ability to fairly assess damages, amounted to an abuse of process. This triggered CPR 45.30(2)(a), disapplying the IPEC scale costs scheme and justifying an award of indemnity costs.

Court Disposition

Claimant awarded indemnity costs; IPEC scale costs scheme disapplied due to abuse of process by Defendants.

Orders

  • Defendants to pay Claimant's costs assessed on the indemnity basis at £98,260 plus interest of £1,446.98, totalling £99,706.98.
  • Order for publication of the judgment.