TMC LEGAL | GETTY IMAGES (US), INC & ORS V STABILITY AI LTD [2025] EWHC 3419 (Ch) скачать в хорошем качестве

TMC LEGAL | GETTY IMAGES (US), INC & ORS V STABILITY AI LTD [2025] EWHC 3419 (Ch)

Where a party abandons substantial claims but succeeds on a discrete issue, the court may still order the overall winner to pay a proportion of the other side's costs for that issue, rather than merely deducting costs from the winner's recovery. ⚖️ The High Court applies the Hospira v Novartis three-question framework to determine costs following mixed success in multi-claim IP litigation. Mrs Justice Joanna Smith DBE held the defendant was the overall winner despite claimants obtaining undertakings on the trade mark claim. 🔑 KEY POINTS: • Defendant held to be overall winner after claimants abandoned three substantial claims • Trade mark claim deemed a "suitably circumscribed issue" for issue-based costs • 25% reduction applied to claimants' trade mark costs for sub-issue failures • 17.5% of total costs attributed to trade mark claim • 30.6% net reduction from defendant's overall recovery • 20% interim payment on £394,985.31 budget overspend 📋 CASE SUMMARY: Case: Getty Images v Stability AI Ltd [2025] EWHC 3419 (Ch) Judge: Mrs Justice Joanna Smith DBE 🎯 WHAT THE COURT DECIDED: 1. Defendant was overall winner - claimants denied the prize they sought 2. Trade mark claim warranted separate issue-based treatment 3. Defendant ordered to pay claimants' trade mark costs, subject to 25% reduction 4. Court considered defendant likely to establish "good reason" for some budget overspend 📚 TOPICS COVERED: • Hospira three-question framework • Identifying overall winner under CPR 44.2 • Issue-based costs • Suitably circumscribed issues • Good reason to depart from budget • Interim payments 👨‍⚖️ JUDGE: Mrs Justice Joanna Smith DBE 💼 USEFUL FOR: Costs Lawyers | Costs Draftsmen | Solicitors | IP Litigators | Commercial Litigators 🔗 LINKS: 📖 Blog: https://www.tmclegal.co.uk/hospira-th... ⚖️ BAILII: https://www.bailii.org/ew/cases/EWHC/... 📞 TMC LEGAL: 📍 46-48 The Green, Wooburn Green, HP10 0EU 📞 01628 526 236 | 📧 office@tmclegal.co.uk 🔔 SUBSCRIBE for costs law updates! 📚 RELATED CASES: Hospira v Novartis [2013] EWHC 886 (Pat) | Kastor Navigation v Axa [2004] EWCA Civ 277 | Harrison v University Hospitals [2017] EWCA Civ 792 | Montres Breguet v Samsung [2022] EWHC 1895 (Ch) ⚠️ DISCLAIMER: Educational purposes only. Not legal advice. © 2025 TMC Legal Limited #CostsLaw #CPR44 #IssueBasedCosts #HospiraTest #OverallWinner #IPLitigation #LegalCosts #CostsBudgeting #CivilLitigation #UKLaw #CostsLawyer #Solicitors #CommercialLitigation #HighCourt #GettyImages #StabilityAI #InterimPayments #GoodReason #CPR318 #TMCLegal #CostsUpdates #LitigationCosts