Experience Hendrix LLC & anor v Times Newspapers Ltd [2008] EWHC 458 (Ch) (11 March 2008)

Experience Hendrix LLC & anor v Times Newspapers Ltd [2008] EWHC 458 (Ch) (11 March 2008)

Claimants required relief beyond monetary compensation, including delivery up and undertakings. The Part 36 offer did not encompass all relief sought. Established practice in intellectual property cases supports awarding costs at the first stage. The claimants' correspondence confirmed their need for further relief. Defendant did not admit infringement, so claimants needed judgment on liability. Costs order in favour of claimants stands, subject to correction of interim payment amount.

Citation
[2008] EWHC 458 (Ch)
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 upheld; interim payment reduced.
Legal Topics
Summary Judgment, Costs, Part 36 Offers, Injunctions, Delivery Up, Declaratory Relief
Intellectual Property Civil Procedure Summary Judgment Costs Part 36 Offers Injunctions Delivery Up Declaratory Relief

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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 Appropriate costs order following summary judgment in intellectual property infringement
  2. 2 Effect of Part 36 offer including undertakings on costs
  3. 3 Claimants' entitlement to relief beyond monetary compensation

Ratio Decidendi

Claimants required relief beyond monetary compensation, including delivery up and undertakings. The Part 36 offer did not encompass all relief sought. Established practice in intellectual property cases supports awarding costs at the first stage. The claimants' correspondence confirmed their need for further relief. Defendant did not admit infringement, so claimants needed judgment on liability. Costs order in favour of claimants stands, subject to correction of interim payment amount.

Court Disposition

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

Orders

  • Costs awarded to claimants for summary judgment application and claim generally
  • Interim payment reduced from £100,000 to £90,000