Fenty and others v Arcadia Group Brands Ltd and another

Costs – Order for costs. The defendants had been found liable for passing off and were ordered to pay the claimants' costs of the action. The defendants' main appeal in the proceedings was dismissed. They then appealed as to costs, contending that, even if it had been open to the judge to have found them liable for passing off, there had been no proper basis for having made an order that they should pay the claimants' costs. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had not fallen into error in the manner for which the defendants had contended and his order was well within the bounds of a reasonable exercise of the wide discretion which he had had.

Category: