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ARTICLE · 11 DECEMBER 2012

IP Bulletin - November 2012

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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In the Patents County Court (PCC), His Honour Judge Birss QC has held that the fees cap of £50,000 for PCC scale costs applies to the proceedings as a whole, not as separate caps for each of the two successful defendant companies, each of which had been separately represented.

United KingdomIntellectual Property
Charles Russell'S Intellectual Property Group
Charles Russell'S Intellectual Property Group

Patents

Fees cap of £50,000 in Patents County Court applies to the proceedings, not to each defendant

In the Patents County Court (PCC), His Honour Judge Birss QC has held that the fees cap of £50,000 for PCC scale costs applies to the proceedings as a whole, not as separate caps for each of the two successful defendant companies, each of which had been separately represented. However, HHJ Birss QC makes clear in his judgment that the interaction between cases with multiple defendants and the system of costs capping may give rise to potential difficulties which should be dealt with on a case by case basis.

Liversedge v Owen Mumford Ltd and another [2012] EWPCC 40, 20 September 2012.

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