Coward v Phaestos Ltd and others

Costs – Order for costs. The Court of Appeal, Civil Division, dismissed the claimant's appeal against a costs order made at the conclusion of intellectual property litigation where the parties had incurred substantial costs. The court held, amongst other things, that the judge had rightly identified three aspects of the final order which had represented substantial improvements on a Calderbank offer made during the course of the proceedings and that it would not justify a departure from the usual rule that, if there was any order as to costs, the costs should be paid by the unsuccessful party.

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