Costs Cases

Summary: An application for an anti-suit injunction in the course of a patent infringement action was compromised. The court awarded the claimant their costs on the basis that the claimant had succeeded. Longer Text: In the course of a patent infringement action, the Claimant applied for an anti-suit injunction against the Third Defendant which was compromised after the Third Defendant made significant changes to its pleadings in parallel Chinese proceedings.  The Claimant sought its costs following the compromise.  The Court held that the Claimant had succeeded in its application for an anti-suit injunction and it was obvious that it would [...]

Interest on additional amounts pursuant to Part 36 – Part 36 Summary: Where an unsuccessful Defendant was required to pay an additional amount, having previously rejected the Claimant's Part 36 offer to accept a sum lower than that awarded, no interest was payable on the additional amount. Longer Text: Where an unsuccessful Defendant was required to pay an additional amount, having previously rejected the Claimant's Part 36 offer to accept a sum lower than that awarded, no interest was payable on the additional amount. The wording of Rule 36.17(4)(d) indicated that that amount was in addition to the Award and [...]

Summary: Notwithstanding r. 44.2(8), the court has no power to order payment on account of costs following acceptance of a Part 36 offer. Longer Text: A claimant in a professional negligence claim accepted the defendant's Part 36 offer. A settlement agreement was drawn up which provided that the defendant would pay the claimant's reasonable costs on the standard basis to be assessed if not agreed. The claimant applied for an interim payment on account of costs in the sum of £19,000. The application was refused on the basis that the court had neither the power nor discretion to make such [...]

Arkin caps – CPR 25.14 Summary: The Court gave guidance on the potential application of the so-called "Arkin cap" to limit the extent of non-party costs orders against a commercial litigation funder. Longer Text: A Claimant was ordered to pay £3.9 million towards the Defendant's costs. The Claimant had been funded by a commercial funder, which argued that its total liability should be limited to the overall maximum that it had provided to the Claimant, namely £1.2 million. The Court held that the decision in Arkin v Borchard Lines Ltd and Others [2005] EWCA Civ 655 was not to be [...]