Judgment Call: 22nd October 2012

Costs of more than £50,000 could not be awarded in the Patents County Court pursuant to CPR r.45.42(1). Where a patentee had brought an unsuccessful claim for patent infringement against two companies, that constituted a single claim for the purposes of CPR r.45.42(1) and consequently the companies were limited to recovering £50,000 in costs.

Intellectual property

Liversidge v (1) Owen Mumford Ltd; (2) Abbott Laboratories [2012] EWPCC 40. Judge Birss QC. Judgment date: 20 September 2012

Costs determined

James Abrahams
James Abrahams

For the claimants Liversidge

8 New Square’s James Abrahams instructed by Field Fisher Waterhouse partner David Knight

Anna Edwards-Stuart

For the first defendant Owen Mumford

11 South Square’s Anna Edwards-Stuart instructed by Manches LLP partner Jim Kinnier Wilson

For the second defendant Abbott Laboratories

8 New Square’s Charlotte May instructed by Herbert Smith partner Sophie Rich

Civil procedure

BOS GmbH & Co KG v Cobra UK Automotive Products Division Ltd (In Administration) (Costs). [2012] EWPCC 44. Judge Birss QC. 25 September 2012

A court determined that the correct stage at which any issue-based discount should be applied to the winner’s costs in Patent County Court cases as a result of losing on certain issues at trial was after summary assessment, but prior to the application of the scale limits under CPR PD 45.

Application for order for dissemination of judgment granted; costs determined

For the claimant BOS

Hogarth Chambers’ Peter Colley instructed by Wither & Rogers partner Dave Croston

For the defendant Cobra

3 New Square’s Geoffrey Pritchard instructed by Wragge & Co director Claire O’Brien

VAT

Standard rate Goals Soccer Centres Plc v Revenue and Customs Commissioners.

[2012] UKFTT 576 (TC). Judge J Gordon Reid QC; Peter Sheppard. 10 September 2012

A company’s supply of pitch hire services for five-a-side

football and its provision of services in administering small football leagues were separate multiple supplies for VAT purposes rather than a single composite supply. Pitch hire was exempt from VAT as land-related under the Value Added Tax Act 1994 Sch.9 Pt II Group 1 and the league management services were standard rated.

Appeal allowed

For the appellant Standard rate Goals Soccer Centres Plc

Crown Office Row’s Philippa Whipple QC; KPMG in-house Colette van Zyl

For the respondents HMRC

Pump Court Tax Chambers’ Julian Ghosh QC; Pump Court Tax Chambers’ Jonathan Bremner, instructed directly

Construction law

AG Quidnet Hounslow LLP v Hounslow LBC. [2012] EWHC 2639 (TCC). Coulson, J. 28 September 2012

TFEU art.56, concerning the freedom to provide services, did not apply to a proposed agreement between a local authority and the owner of a shopping centre which was likely to lead to the development of a site adjoining the centre: the agreement was no more than an agreement to agree the terms of a long lease of the site, and the owner of the shopping centre was not providing services of the type envisaged by art.56.

Judgment for defendant

Nigle Giffin

Adriam Magnus

For the claimant AG Quidnet Hounslow LLP

11KBW’s Nigel Giffin QC; Berwin Leighton Paisner partner Adrian Magnus

For the defendant Hounslow LBC

Monckton Chambers’ Michael Bowsher QC; Monckton Chambers’ Anneliese Blackwood; Osborne Clarke partner Catherine Wolfenden

Public ­procurement

(1) BY Development Ltd (2) Bouygues (UK) Limited (3) Carlyle Europe Real Estate Partners III LP (4) Cerep III GP v Covent Garden Market Authority. [2012] EWHC 2546 (TCC). Coulson, J. 28 September 2012

In public procurement cases where the issues were concerned with manifest error or unfairness, expert evidence would not generally be admissible or relevant, given the limited nature of the court’s review function, unless there were particular reasons why, on the facts, the cost, time and effort involved in presenting such opinion evidence could be justified.

Application refused

For the claimants (1) BY Development Ltd (2) Bouygues (UK) Limited (3) Carlyle Europe Real Estate Partners III LP (4) Cerep III GP

Keating Chambers’ Sarah Hannaford QC; Hogan Lovells partner Rupert Sydenham

For the defendant Covent Garden Market Authority

11KBW’s Nigel Giffin QC; 11KBW’s Jason Coppel; Eversheds Bill Gilliam