Lumos Skincare Ltd. v Sweet Squared Ltd & Ors [2012] EWPCC 28 (13 June 2012)

Lumos Skincare Ltd. v Sweet Squared Ltd & Ors [2012] EWPCC 28 (13 June 2012)

Defendants are entitled to costs assessed on the High Court scale up to 19 October 2011 and on the Patents County Court scale thereafter; no unreasonable conduct or abuse of process by Claimant justifying off-scale costs; permission to appeal refused as no error of law or real prospect of success identified.

Source-derived case information.

Citation
[2012] EWPCC 28
Parties
Claimant: Lumos Skincare Limited; Defendant: Sweet Squared Limited; Defendant: Famous Names LLC; Defendant: Sweet Squared (UK) LLP
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Costs Assessment Following Substantive Judgment / Post Trial, Determination of Costs and Permission to Appeal
Outcome
Defendants awarded costs of £55,527.50; permission to appeal refused.
Legal Topics
Costs Assessment, Patents County Court Procedure, Transfer of Proceedings, Permission to Appeal
Civil Procedure Intellectual Property Costs Assessment Patents County Court Procedure Transfer of Proceedings Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lumos Skincare Limited

Claimant

Sweet Squared Limited

Defendant

Famous Names LLC

Defendant

Sweet Squared (UK) LLP

Defendant

Procedural Posture

Costs Assessment Following Substantive Judgment / Post Trial, Determination of Costs and Permission to Appeal

Legal Issues

  1. 1 Appropriate scale and quantum of costs to be awarded to Defendants
  2. 2 Whether the cap on Patents County Court scale costs should be lifted
  3. 3 Whether Claimant should have permission to appeal

Ratio Decidendi

Defendants are entitled to costs assessed on the High Court scale up to 19 October 2011 and on the Patents County Court scale thereafter; no unreasonable conduct or abuse of process by Claimant justifying off-scale costs; permission to appeal refused as no error of law or real prospect of success identified.

Court Disposition

Defendants awarded costs of £55,527.50; permission to appeal refused.

Orders

  • Claimant to pay Defendants £55,527.50 within 21 days.
  • Confidentiality provision relating to certain exhibits ordered.