Shenzhen Ske Technology Co Ltd v Bargain Busting Limited

Shenzhen Ske Technology Co Ltd v Bargain Busting Limited

SKE withdrew the Variation application and did not achieve what it sought; therefore, it is the unsuccessful party and should pay BB's costs. Only reasonable and proportionate costs are recoverable, assessed at £55,000.

Source-derived case information.

Parties
Appellant: Shenzhen SKE Technology Co Ltd; Respondent: Bargain Busting Limited
Jurisdiction
England and Wales
Judgment Date
12 January 2025
Procedural Posture
Appeal / Judgment on Costs
Outcome
costs awarded against appellant
Legal Topics
Trade Mark Registration, Costs Assessment, Stay of Execution, Appeal Procedure
Intellectual Property Civil Procedure Trade Mark Registration Costs Assessment Stay of Execution Appeal Procedure

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Parties

Shenzhen SKE Technology Co Ltd

Appellant

Bargain Busting Limited

Respondent

Procedural Posture

Appeal / Judgment on Costs

Legal Issues

  1. 1 whether costs should be awarded against the unsuccessful party in the Variation application
  2. 2 whether the court is in a position to make an order about costs when the application is withdrawn
  3. 3 assessment of reasonable and proportionate costs

Ratio Decidendi

SKE withdrew the Variation application and did not achieve what it sought; therefore, it is the unsuccessful party and should pay BB's costs. Only reasonable and proportionate costs are recoverable, assessed at £55,000.

Court Disposition

costs awarded against appellant

Orders

  • SKE to pay BB's reasonable and proportionate costs summarily assessed at £55,000