Iona Berkeley appeared for Google LLC (the Defendant at trial). The original claim was one of trade mark infringement and, following a 7 day High Court trial, the claim was dismissed. The claim had originally been issued in IPEC but was later transferred to the High Court. The parties brough cross applications in the Court of Appeal prior to the substantive appeal being heard. Shorts International Ltd (the Claimant at trial) applied for a cost capping order pursuant to, inter alia, CPR 52.19 and Google LLC (the Defendant at trial) applied for security for costs in relation to Shorts International Ltd’s appeal pursuant to, inter alia, CPR 25. Lewison LJ gave judgment for the Court of Appeal, finding that the parties’ costs on appeal should be limited to recovery of £60,000 and ordering that Short’s International Ltd should provide security for costs in the same amount. In its judgment the Court of Appeal considered the relevant factors to be taken into account by the Court when exercising its discretion as to whether to make an order limiting the recoverable costs of an appeal from a case started in the IPEC. These factors included the need to facilitate access to justice. The Court of Appeal’s judgment also considered the assessment of evidence concerning the issue of stifling.
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