NIPC Law

Money Photo Wikipedia I last discussed this litigation in  Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd   4 May 2013. I set out the basic facts in my case note: "This was an action for infringement of a performer's rights which Judge Birss QC (as he then was) decided in Henderson v All Around the World Recordings Ltd and Another [2013] EWPCC 7 (13 Feb 2013)....... She had not been entirely successful and the costs of an unsuccessful copyright claim and half the costs of an application were awarded against her but she had succeeded overall." The claimant had entered a conditional fee agreement with specialist solicitors and counsel because it was the only way she could bring this litigation. Her total costs and disbursements including success fees and after-the-event premiums would have been £232,676.20 had they been allowed but Judge Birss QC (as he then was) awarded her only...

In Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and Others     [2012] EWHC 616 (Ch) (21 March 2012), Force India sued   Aerolab and Fondmetal Technologies which had previously carried out wind tunnel tests and aerodynamic development work for Force India for breach of confidence.  Force India's allegation was that those companies had used information gained from such testing and development to help design a car for the first defendant,1 Malaysia and its British subsidiary.   Also sued was the former Chief Technical Officer of Force India who left to join 1 Malaysia.   There was also a counterclaim by Fondmetal for 846,230 euro for unpaid fees.Unusually for the Chancery Division, the master had directed the questions of liability and quantum of damages to be determined at the same hearing.  Force India had originally claimed damages of £15, 255,583 which claim was later reduced to £13, 771, 419. The Issues Ae...