Equisafety Limited v Battle, Hayward and Bower Limited & Anor
Decision date: 15 February 2024
Neutral citation: [2024] EWHC 283 (IPEC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This judgment resolves awards of profits, interest and costs following liability and quantum trials in a trade mark and passing off action. The First Defendant was ordered to pay profits of £12,568 and interest of £2,140.92; detailed costs allocations were made giving the Claimant net Liability trial costs of £22,263.15 after set-off, and the First Defendant Quantum costs of £25,000 to be set off against the Claimant. The court accepted that a defendant is in principle entitled to Part 36 costs/interest where the claimant recovers less than the defendant's offer but declined to disapply the IPEC costs cap.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
Where a claimant recovers an award less advantageous than a defendant's Part 36 offer, the defendant is in principle entitled to costs and interest under Part 36, subject to the court considering whether it would be unjust to order interest; and the IPEC costs cap will not be lifted absent truly exceptional circumstances or abuse of process (misguided or ill‑judged conduct alone is insufficient).
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment suggested (obiter) that Part 36 interest may be calculated from the date the defendant actually incurred the costs (when paid to solicitors), and that personal costs claimed by a claimant's director should not be added where it is unclear they were incurred before instructing solicitors and where costs caps apply.