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Supreme Court refuses application by successful party in patent proceedings to lift a stay imposed by the Court of Appeal on an order for legal costs granted in its favour against the unsuccessful plaintiff/appellant, on the grounds that: despite the Court of Appeal's ruling that there be no further delay in the proceedings, the exercise by the appellant of its right of appeal to the Supreme Court (thus being responsible for the postponement of the substantive appeal) cannot be considered culpable delay such that it should be penalised by the lifting of the stay.
Legal costs - application to lift stay imposed on costs order - application for stay pending hearing of substantive appeal - order of Court of Appeal granting applicant costs of appeal including costs of High Court hearing - stay granted pending outcome of appeal - exercise by appellant of its right to appeal to Supreme Court cannot be considered culpable to any delay in proceedings against the order of High Court such that it should be penalised by lifting stay on costs - order for costs to be taxed in default of agreement - justice of case does not warrant imposition of stay.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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