Promar International Ltd. v Clarke

Promar International Ltd. v Clarke

The judge was entitled, following the guidance in BCT Software, to make no order as to costs where the substantive issues were resolved without a trial and it was not possible to determine who was the winner or loser. There was no manifest injustice in the judge's decision, and both parties were responsible for the case proceeding to trial without settlement of costs.

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 Decision on Costs
Outcome
appeal dismissed
Legal Topics
Costs, Restrictive Covenants, Settlement, Injunctions
Civil Procedure Employment Law Costs Restrictive Covenants Settlement Injunctions

Case Brief

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Parties

Promar International Limited

Claimant

Philip Clarke

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Costs

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 [2003] EWCA Civ 939 applied to the circumstances of this case

Ratio Decidendi

The judge was entitled, following the guidance in BCT Software, to make no order as to costs where the substantive issues were resolved without a trial and it was not possible to determine who was the winner or loser. There was no manifest injustice in the judge's decision, and both parties were responsible for the case proceeding to trial without settlement of costs.

Court Disposition

appeal dismissed

Orders

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