Lifestyles Equities CV & Anor v Sportsdirect.com Retail Ltd & Ors

Lifestyles Equities CV & Anor v Sportsdirect.com Retail Ltd & Ors

The inclusion of a claim for an inquiry as to damages for inducing breach of contract renders the claim a money claim, requiring payment of the higher court fee under the Fees Order. The claim cannot be treated as wholly non-monetary.

Parties
Claimant: Lifestyles Equities C. V.; Claimant: Lifestyle Licensing B. V.; Defendant: Sportsdirect.com Retail Limited; Defendant: Sports Direct International PLC; Defendant: SDI (Brook UK) Limited; Defendant: SDI (Brook EU) Limited; Defendant: SDI (Brook ROW) Limited; Defendant: Republic.com Retail Limited
Jurisdiction
England and Wales
Judgment Date
11 August 2016
Procedural Posture
Civil / Interlocutory Application for Stay Pending Payment of Appropriate Court Fee
Outcome
Claim stayed until appropriate court fee is paid
Legal Topics
Court Fees, Trade Mark Infringement, Inducement of Breach of Contract
Civil Procedure Intellectual Property Court Fees Trade Mark Infringement Inducement of Breach of Contract

Case Brief

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Parties

Lifestyles Equities C. V.

Claimant

Lifestyle Licensing B. V.

Claimant

Sportsdirect.com Retail Limited

Defendant

Sports Direct International PLC

Defendant

SDI (Brook UK) Limited

Defendant

SDI (Brook EU) Limited

Defendant

SDI (Brook ROW) Limited

Defendant

Republic.com Retail Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Stay Pending Payment of Appropriate Court Fee

Legal Issues

  1. 1 What is the appropriate court fee payable for a claim including both non-monetary and monetary relief?
  2. 2 Is an inquiry as to damages a 'money claim' or 'non money claim' under the Fees Order?

Ratio Decidendi

The inclusion of a claim for an inquiry as to damages for inducing breach of contract renders the claim a money claim, requiring payment of the higher court fee under the Fees Order. The claim cannot be treated as wholly non-monetary.

Court Disposition

Claim stayed until appropriate court fee is paid

Orders

  • The claim is stayed until the claimants pay the appropriate court fee.