ASDA
Controlling costs
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THE ISSUE

We acted for national supermarket Asda in its defence of a claim by Marks & Spencer in the Patents Court for infringement of a patent and unregistered design rights relating to an expandable cuff for children’s shirts, in circumstances where M&S were seeking to justify a costs budget of nearly double Asda’s.

 

HOW WE ACHIEVED OUR CLIENT’S GOAL

The costs management hearing was reported by Practical Law Company as a noteworthy case because it provides insight into how costs should be considered where the value of the claim is unknown, in particular, where the importance of an injunction may outweigh the potential damages.  We succeeded at the hearing in persuading the court to reduce M&S’s costs budget for future costs by nearly half to a figure comparable with Asda’s costs budget.

Reported case here: Marks & Spencer plc v Asda Stores limited [2016] EWHC 2081