The Slip Rule

Bristol Myers Squibb Co v Baker Norton Pharmaceuticals Inc (Costs) (CA TLR 26 April)

At the original hearing the claimant’s claim alleging infringement of intellectual property rights was dismissed and the claimant was ordered to pay the costs of both defendants up to a specified date, but only one set of costs thereafter. Interest ran from the date of judgment. When dismissing the claimant’s appeal the Court of Appeal set aside the original order for costs and made a substituted order, the effect of which was to render interest payable from the date of that order, rather than the date of the original judgment. The defendants contended that it had not been the intention of the Court of Appeal to reduce the period in which interest, which had otherwise accrued could be recovered and applied to amend the order.