Shenzhen Ske Technology Co Ltd v Bargain Busting Limited

Shenzhen Ske Technology Co Ltd v Bargain Busting Limited

The circumstances of the appeal did not take it out of the norm to justify indemnity costs; costs are to be assessed on the standard basis, and the claimed costs were excessive and not reasonable or proportionate. Costs are summarily assessed at £75,000.

Parties
Appellant: Shenzhen SKE Technology Co Ltd; Respondent: Bargain Busting Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2025
Procedural Posture
Appeal (costs Judgment) / Post Judgment (costs Assessment)
Outcome
Costs assessed on the standard basis; indemnity costs refused.
Legal Topics
Trade Marks, Costs Assessment, Indemnity Costs, Standard Basis Costs
Intellectual Property Civil Procedure Trade Marks Costs Assessment Indemnity Costs Standard Basis Costs

Case Brief

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Parties

Shenzhen SKE Technology Co Ltd

Appellant

Bargain Busting Limited

Respondent

Procedural Posture

Appeal (costs Judgment) / Post Judgment (costs Assessment)

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity basis or standard basis
  2. 2 Whether the claimed costs are reasonable and proportionate

Ratio Decidendi

The circumstances of the appeal did not take it out of the norm to justify indemnity costs; costs are to be assessed on the standard basis, and the claimed costs were excessive and not reasonable or proportionate. Costs are summarily assessed at £75,000.

Court Disposition

Costs assessed on the standard basis; indemnity costs refused.

Orders

  • SKE to pay BB's costs of the appeal, summarily assessed at £75,000.