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IPEC scale costs scheme disapplied for abuse of process (Link Up Mitaka v Language Empire)

IPEC scale costs scheme disapplied for abuse of process (Link Up Mitaka v Language Empire)
Published on: 24 October 2018
Published by: LexisPSL
  • IPEC scale costs scheme disapplied for abuse of process (Link Up Mitaka v Language Empire)
  • Practical implications
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: In a rare decision, the IPEC has disapplied its scale costs scheme when awarding costs to a claimant following its successful claim for trade mark infringement. The court found that the defendant’s behaviour amounted to an abuse of process which engaged CPR 45.30(2)(a) such that the costs caps and limits should be disapplied. or take a trial to read the full analysis.

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