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Bocacina Ltd. v Boca Cafes Ltd.; De Souza, Jr; De Souza [2014] EWHC 26 (IPEC)

Key areas: Basis of assessment; High Court; Patents Court

This was a ruling on costs resulting from a successful claim for passing-off.

The Claimant submitted that it should be entitled to all of its costs, with Indemnity Basis applying from 14 days after a particular CMC.

The Defendants submitted that the Court should take into account an offer that they had made shortly after the Particulars were served, but did not make any offer towards the Claimant’s costs.  The Claimant did not accept this offer.

The Court that in the circumstances, the offer should be taken into account, and so reduced the Claimant’s costs from the date of the offer to 50%, with 100% of costs being payable before then, and the Defendants not being awarded any costs.  These were awarded on the Standard Basis.

The costs were then summarily assessed.

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