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...

As I mentioned in "Intellectual Property Litigation - the Funding Options"  10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a  conditional fee agreement ( "CFA" ) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side's costs in case of failure known as  after-the-event ( "ATE" ) insurance if they won the case or obtained a satisfactory settlement. As I also mentioned in that article, it is still possible to enter a CFA but any success fee and ATE insurance premium must now be paid by the successful party - usually out of any damages or accountable profits he or she may receive. On 1 Oct 2010 CPR Parts 63  and 45  and the corresponding Practice Directions were amended for proceedings before the Patents County...