A Khan Design Ltd v Horsley & Anor

A Khan Design Ltd v Horsley & Anor

The claimant's failure to comply with court orders regarding costs submissions and election for damages/account of profits, combined with unjustified delay and lack of proper explanation, constituted an abuse of process. The court struck out the claimant's claims for costs and damages inquiry as further pursuit would be unfair to the defendant and contrary to efficient litigation.

Parties
Claimant: A Khan Design Limited; Defendant: Stephen Horsley & Another
Jurisdiction
England and Wales
Judgment Date
21 July 2014
Procedural Posture
Intellectual Property Infringement (registered Design) / Post Judgment Application for Further Directions, Costs, and Relief; Application to Strike Out Further Proceedings
Outcome
Claimant's claims for costs and damages inquiry struck out.
Legal Topics
Registered Design Infringement, Costs, Abuse of Process, Compliance With Court Orders, Extension of Time
Intellectual Property Civil Procedure Registered Design Infringement Costs Abuse of Process Compliance With Court Orders Extension of Time

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Parties

A Khan Design Limited

Claimant

Stephen Horsley & Another

Defendant

Procedural Posture

Intellectual Property Infringement (registered Design) / Post Judgment Application for Further Directions, Costs, and Relief; Application to Strike Out Further Proceedings

Legal Issues

  1. 1 Whether the claimant's claims for costs and damages inquiry should be struck out for delay and non-compliance with court orders
  2. 2 Whether the claimant provided adequate submissions on costs as required by the court order
  3. 3 Whether the claimant's delay was justified and if extension of time should be granted

Ratio Decidendi

The claimant's failure to comply with court orders regarding costs submissions and election for damages/account of profits, combined with unjustified delay and lack of proper explanation, constituted an abuse of process. The court struck out the claimant's claims for costs and damages inquiry as further pursuit would be unfair to the defendant and contrary to efficient litigation.

Court Disposition

Claimant's claims for costs and damages inquiry struck out.

Orders

  • Claimant's claim for costs is struck out as an abuse of process.
  • Claimant's claim for an inquiry as to damages is struck out as an abuse of process.