Promar International Ltd. v Clarke [2006] EWCA Civ 332 (04 April 2006)

Promar International Ltd. v Clarke [2006] EWCA Civ 332 (04 April 2006)

The Court of Appeal held that the trial judge was correct to make no order as to costs where the substantive issues were resolved by an undertaking and abandonment of damages, and it was not possible to determine a winner or loser without a trial. The judge's decision was not manifestly unjust and was within his discretion, following the guidance in BCT Software Solutions Ltd v C Brewer and Sons Ltd.

Citation
[2006] EWCA Civ 332
Parties
Claimant: Promar International Limited; Defendant: Philip Clarke
Jurisdiction
England and Wales
Judgment Date
04 April 2006
Procedural Posture
Civil Appeal / Appeal From High Court Queen's Bench Division on Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs, Restrictive Covenants, Injunctions, Settlement, Discretion of Court
Civil Procedure Costs Restrictive Covenants Injunctions Settlement Discretion of Court

Case Brief

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Parties

Promar International Limited

Claimant

Philip Clarke

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Queen's Bench Division on Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs after the substantive issues were resolved by undertaking and abandonment of damages claim
  2. 2 Whether the guidance in BCT Software Solutions Ltd v C Brewer and Sons Ltd applies to cases resolved without trial except for costs

Ratio Decidendi

The Court of Appeal held that the trial judge was correct to make no order as to costs where the substantive issues were resolved by an undertaking and abandonment of damages, and it was not possible to determine a winner or loser without a trial. The judge's decision was not manifestly unjust and was within his discretion, following the guidance in BCT Software Solutions Ltd v C Brewer and Sons Ltd.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs; each party to bear its own costs.