Martin Moore Ltd v Mark Plant Ltd & Anor [2011] EWPCC 25 (07 July 2011)

Martin Moore Ltd v Mark Plant Ltd & Anor [2011] EWPCC 25 (07 July 2011)

By 26th May 2011, the defendants' offer to settle had been withdrawn by their clear communications on 16th and 17th May 2011, and was no longer open for acceptance. The claimant's purported acceptance was ineffective. Costs are reserved as the claimant's conduct did not engage CPR 63.26(2).

Citation
[2011] EWPCC 25
Parties
Claimant: Martin Moore Limited; Defendant: Mark Plant Limited; Defendant: Mr Mark Plant
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Infringement of Community Registered Design / Interlocutory Application Regarding Settlement and Costs
Outcome
Application dismissed
Legal Topics
Registered Design Infringement, Settlement Offers, Costs Orders
Intellectual Property Civil Procedure Registered Design Infringement Settlement Offers Costs Orders

Case Brief

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Parties

Martin Moore Limited

Claimant

Mark Plant Limited

Defendant

Mr Mark Plant

Defendant

Procedural Posture

Infringement of Community Registered Design / Interlocutory Application Regarding Settlement and Costs

Legal Issues

  1. 1 Whether the defendants' offer to settle was still open for acceptance when purportedly accepted by the claimant
  2. 2 Whether the settlement offer covered the counterclaim for revocation
  3. 3 Whether the claimant's conduct engaged CPR 63.26(2) for unreasonable behaviour

Ratio Decidendi

By 26th May 2011, the defendants' offer to settle had been withdrawn by their clear communications on 16th and 17th May 2011, and was no longer open for acceptance. The claimant's purported acceptance was ineffective. Costs are reserved as the claimant's conduct did not engage CPR 63.26(2).

Court Disposition

Application dismissed

Orders

  • Costs reserved to the conclusion of the trial