Experience Hendrix LLC & anor v Times Newspapers Ltd

Experience Hendrix LLC & anor v Times Newspapers Ltd

The claimants were entitled to costs following summary judgment because the relief sought and obtained was not limited to money; the established practice in intellectual property cases applies, and the claimants required delivery up and declaratory relief, not just damages. The Part 36 offer did not fully satisfy the claimants' demands, and the defendant did not admit infringement. Therefore, the costs order stands, subject to correction of the interim payment amount.

Parties
Claimant: Experience Hendrix L.L.C.; Claimant: The Last Experience Inc.; Defendant: Times Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
11 March 2008
Procedural Posture
Intellectual Property Infringement / Post Summary Judgment; Costs Determination
Outcome
Costs order in favour of claimants confirmed; interim payment reduced.
Legal Topics
Copyright Infringement, Costs, Summary Judgment, Part 36 Offers
Intellectual Property Civil Procedure Copyright Infringement Costs Summary Judgment Part 36 Offers

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Parties

Experience Hendrix L.L.C.

Claimant

The Last Experience Inc.

Claimant

Times Newspapers Ltd

Defendant

Procedural Posture

Intellectual Property Infringement / Post Summary Judgment; Costs Determination

Legal Issues

  1. 1 Whether the costs order following summary judgment should be altered in light of a Part 36 offer and subsequent correspondence
  2. 2 Whether the established practice in intellectual property cases regarding costs and staged proceedings applies

Ratio Decidendi

The claimants were entitled to costs following summary judgment because the relief sought and obtained was not limited to money; the established practice in intellectual property cases applies, and the claimants required delivery up and declaratory relief, not just damages. The Part 36 offer did not fully satisfy the claimants' demands, and the defendant did not admit infringement. Therefore, the costs order stands, subject to correction of the interim payment amount.

Court Disposition

Costs order in favour of claimants confirmed; interim payment reduced.

Orders

  • Costs awarded to claimants for both the summary judgment application (post-18 January 2008) and the claim generally, not on the indemnity basis.
  • Interim payment of £90,000 ordered (reduced from £100,000 due to error in schedule of costs).