Wilkinson v London Strategic Health Authority [2012] EWPCC 55 (23 November 2012)

Wilkinson v London Strategic Health Authority [2012] EWPCC 55 (23 November 2012)

Neither party was wholly successful; both achieved significant but different forms of relief. The defendant's success on infringement was more substantial in outcome, but the defendant fought and lost several issues, causing significant costs. The fairest order is for the defendant to pay 27.5% of the claimant's costs and the claimant to pay 35% of the defendant's costs, reflecting both the merits and the settlement offers.

Citation
[2012] EWPCC 55
Parties
Claimant: Dr Wilkinson; Defendant: SHA
Jurisdiction
England and Wales
Judgment Date
23 November 2012
Procedural Posture
Costs Judgment / Post Trial
Outcome
Costs apportioned: defendant to pay 27.5% of claimant's costs; claimant to pay 35% of defendant's costs; costs of High Court CMC to remain as previously ordered.
Legal Topics
Costs, Copyright Ownership, Copyright Infringement, Settlement Offers
Civil Procedure Intellectual Property Costs Copyright Ownership Copyright Infringement Settlement Offers

Case Brief

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Parties

Dr Wilkinson

Claimant

SHA

Defendant

Procedural Posture

Costs Judgment / Post Trial

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 How should costs be apportioned where each party has succeeded on some issues?
  3. 3 What is the effect of without prejudice settlement offers on the costs order?

Ratio Decidendi

Neither party was wholly successful; both achieved significant but different forms of relief. The defendant's success on infringement was more substantial in outcome, but the defendant fought and lost several issues, causing significant costs. The fairest order is for the defendant to pay 27.5% of the claimant's costs and the claimant to pay 35% of the defendant's costs, reflecting both the merits and the settlement offers.

Court Disposition

Costs apportioned: defendant to pay 27.5% of claimant's costs; claimant to pay 35% of defendant's costs; costs of High Court CMC to remain as previously ordered.

Orders

  • Defendant to pay 27.5% of claimant's costs of the proceedings.
  • Claimant to pay 35% of defendant's costs of the proceedings.