Pinewood Technologies Asia Pacific Limited v Pinewood Technologies Plc

Pinewood Technologies Asia Pacific Limited v Pinewood Technologies Plc

The Defendant was substantially the successful party, having obtained the unless order sought, and is entitled to 90% of its costs of the applications, subject to detailed assessment. An interim payment of £45,000 is appropriate.

Parties
Claimant: Pinewood Technologies Asia Pacific Limited; Defendant: Pinewood Technologies PLC
Jurisdiction
England and Wales
Judgment Date
15 April 2024
Procedural Posture
Civil (commercial) / Post Interlocutory Applications; Costs Determination
Outcome
Claimant to pay 90% of Defendant's costs of the applications, subject to detailed assessment; interim payment ordered.
Legal Topics
Costs, Interlocutory Applications, Summary Assessment
Civil Procedure Commercial Law Costs Interlocutory Applications Summary Assessment

Case Brief

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Parties

Pinewood Technologies Asia Pacific Limited

Claimant

Pinewood Technologies PLC

Defendant

Procedural Posture

Civil (commercial) / Post Interlocutory Applications; Costs Determination

Legal Issues

  1. 1 Which party should bear the costs of the interlocutory applications
  2. 2 Whether costs should be summarily assessed or subject to detailed assessment
  3. 3 Appropriate amount for interim payment on account of costs

Ratio Decidendi

The Defendant was substantially the successful party, having obtained the unless order sought, and is entitled to 90% of its costs of the applications, subject to detailed assessment. An interim payment of £45,000 is appropriate.

Court Disposition

Claimant to pay 90% of Defendant's costs of the applications, subject to detailed assessment; interim payment ordered.

Orders

  • Claimant to pay 90% of Defendant’s costs of the two applications, subject to detailed assessment on the standard basis.
  • Claimant to pay £45,000 as an interim payment on account of costs within 28 days.