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Costs of strike out application summarily assessed

Posted on 1st October, 2019

(1) LIFESTYLE EQUITIES CV (2) LIFESTYLE LICENSING BV v ROYAL COUNTY OF BERKSHIRE POLO CLUB LTD & 10 ORS [2019] EWHC 2413 (Ch)

Ch D (Pat Treacy) 19/09/2019

 

The court refused to strike out parts of a defence and counterclaim served by the 4th and 5th Defendants in a trade mark infringement claim; the court summarily assessed their costs of the application and determined that there was no basis for the claimants request for a stay of the order requiring payment on account and the costs of the interim proceedings should be dealt with so as to allow swift reimbursement to the successful party.


When dealing with quantum, the court would disallow unreasonably or disproportionately incurred costs having regard to CPR r.44.3(5) and r.44.4 and resolve any reasonable doubt in favour of the paying party.

Submissions were made, inter alia, on proportionality, delegation, the cost of research and

counsel's fees.

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