Brundle v Perry

Brundle v Perry

Costs awarded according to transitional provisions; Mr Perry's conduct justified an additional costs award but not departure from overall cap; dissemination of judgment ordered to dispel commercial uncertainty.

Source-derived case information.

Parties
Claimant: F H Brundle; Defendant: Richard Perry; First Third Party: Betafence Limited; Second Third Party: Britannia Fasteners Limited
Jurisdiction
England and Wales
Judgment Date
02 April 2014
Procedural Posture
Civil / Post Trial Costs and Dissemination Order
Outcome
Costs awarded to Brundle and Betafence; dissemination of judgment ordered; order stayed pending appeal.
Legal Topics
Patent Infringement, Groundless Threats, Costs, Dissemination of Judgment
Intellectual Property Civil Procedure Patent Infringement Groundless Threats Costs Dissemination of Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

F H Brundle

Claimant

Richard Perry

Defendant

Betafence Limited

First Third Party

Britannia Fasteners Limited

Second Third Party

Procedural Posture

Civil / Post Trial Costs and Dissemination Order

Legal Issues

  1. 1 Whether costs should be awarded according to old or new Table A
  2. 2 Whether scale costs and costs cap should be disregarded due to unreasonable behaviour
  3. 3 Whether dissemination of judgment should be ordered

Ratio Decidendi

Costs awarded according to transitional provisions; Mr Perry's conduct justified an additional costs award but not departure from overall cap; dissemination of judgment ordered to dispel commercial uncertainty.

Court Disposition

Costs awarded to Brundle and Betafence; dissemination of judgment ordered; order stayed pending appeal.

Orders

  • Brundle awarded £36,525 in costs
  • Betafence awarded £13,120 in costs