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Showing posts from May, 2011

Costs: Westwood v Knight

The importance of Westwood v Knight [2011] EWPCC 11 (11 May 2011) is that it was the first trial under the new rules for the Patents County Court and thus the first opportunity for the court to consider the cost capping rules in the context of an entire case. The trial, which I blogged in my IP North West blog because the defendant came from Manchester, was an action for infringement of trade marks and copyrights and passing off that had been brought by the well known fashion designer Vivian Westwood.
Judge Birss QC assessed costs against the defendant in the sum of £60,625. That was just over half the £133,533 that the claimant claimed to have incurred. The trial judge promised to give his reasons for his assessment when he made his order and these he delivered on 11 May 2011.
His Honour considered the rules that he had to apply. The general approach to costs is set out in CPR 44.3 but he also had to consider the scale costs for claims in the Patents County Court set out in Sec…